A party to a matrimonial proceeding who makes unfounded allegations of moral character or physical impotency against the other party without proof may be guilty of mental cruelty, but if the other party makes counter-allegations in defense, cruelty cannot be inferred unless the first party's allegations are proven true.

( 1 ) THIS appeal is at the instance of a wife in a suit for divorce and is directed against the judgment and decree dated 31st july, 1998 passed by the Additional District Judge, 8th Court, Alipore in matrimonial Suit No. 61 of 1993 thereby granting a decree for divorce in favour of the husband on the ground of cruelty,

( 2 ) THE aforesaid suit was filed by the husband alleging cruelty on the part of the present appellant and the case made out by the husband may be summed up thus: (a) The parties were married on 27th January, 1989 and thereafter they lived together as husband and wife in the residence of husband at 93/a, Kalighat Road. The said marriage was the outcome of negotiation through newspaper. (b) After about six months from the date of marriage, the husband started receiving letters from anonymous persons alleging that the wife had pre-marital affairs with many persons, that she was even raped by some persons who were convicted, that she underwent abortion to cause miscarriage of two babies and that she had been the mother of a child. The husband wanted to verify the authenticity of those allegations from the wife but the wife did not reply to the queries of the husband and became hostile to him. (c) The husband further noticed abnormal sexual behaviour of the wife which strengthened the suspicion already dwelt in his mind. Although, the husband was eager to have a child, as the wife did not become pregnant in due course of time, she was taken to B. R. Singh Hospital for medical test and medical opinion was that the wife had developed infertility because of her past experience in sexual life and past operational trauma. After the detection of the truth of those allegations, the wife with the assistance of his brother subjected the husband to physical cruelty and ultimately lodged a complaint before the Bhowanipore Police Station against the husband and her parents-in-law and sisters-in-law under section 498a of the Indian Penal Code, as a result, they were arrested and ultimately were granted bail. (d) The wife assaulted the mother-in-law with a chappal, and consequently, she became blind for ever. As a result of false allegation by the wife, against the husband and the members of his family, there was loss of reputation and even some anti-social elements attacked their house and ransacked the articles of husband for which the husband had to leave the house at Kalighat and he started living in belilious Road in a rented house and ultimately, shifted to Railway quarter at Behala. (e) The wife came to the office of the husband on 28th May, 1991 and 29th may, 1991 and threatened him with dire consequences if he did not pay her a sum of Rs. 50,000/- and also demanded return of those letters which the husband received from unknown persons. The behaviour of the wife was such that it was impossible for the husband to live with her.

( 3 ) THE wife contested the said proceedings by filing written statement and her defence was inter alia as follows: (i) Initially, at the time of negotiation, due to huge demand of cash money, ornaments and other articles by way of dowry, the father of the wife could not agree and thereafter, the husband himself about 2/3 years thereafter met the father of the wife and requested for renegotiation and ultimately, the marriage was settled. At the time of marriage the father of the wife according to his capability gave gold ornaments and cash amount of Rs. 15,000/- besides other articles, furniture, etc. (ii) In the house of the husband, there were parents-in-law, two sisters-in-law, one of whom was a divorcee and the other unmarried, and shortly after the marriage, the mother-in-law and two sisters-in-law started making ugly comments for the presentations, for instance, gold ornaments given by the father of the wife. The mother-in-law used to threaten the wife that unless further cash money was brought from her father, she would be badly treated. (iii) The wife used to