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1991 Supreme(Bom) 160

M.F.SALDANHA, S.W.PURANIK
Madhuri Mukund Chitnis – Appellant
Versus
Mukund Martand Chitnis and another – Respondent


JUDGMENT - M.F. SALDANHA, J.:---This proceeding present a new dimension to the interpretation of the concept of cruelty as embodied in section 498-A of the Indian Penal Code. It concerns an area of immense importance because the point at issue is the question as to whether the institution of vexatious legal proceedings by a husband coupled with the misuse of the Court machinery and processes would be tantamount to cruselty as contemplated by section 498-A of the Indian Penal Code. Break-down of the material status is invariably accompanied by the generation of bostility and litigation is an inevitable fall-out. Apart from the normal run of proceedings before the Matrimonial Court, the familiar accompaniment to such a hostile atmosphere is the initiation of other civil and/or criminal proceedings in relation to property matter, etc. the majority of which are virtually superfluous. In the supercharged atmosphere of hostility, the institution of such proceedings could have harsh consequences particularly when search warrants, attachment and such other orders are obtained and executed with a degree of sadastic vengeance. Cruelty has no definable paraments. It involves Acts the result o
























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