( 1 ) THE appellant has filed this appeal to challenge the judgment and decree dated 18. 7. 1998, whereby the Matrimonial Court had dissolved the marriage between the parties by a decree of divorce. A few facts relevant for deciding this appeal are:-

THE parties were married according to the Hindu rites and ceremonies on 1. 7. 1971 and three children were born from this wedlock. Alleging that the appellant had treated her with cruelty, the respondent filed a petition under Section 13 (1) (1a) of the Hindu Marriage Act for dissolution of marriage by a decree of divorce. Besides other allegations of ill-treatment of the respondent by the appellant it was alleged in the petition that the respondent crossed all limits when he levelled serious charges of immorality on the petitioner. It was alleged that the appellant issued a legal notice dated 6. 12. 1996, levelling serious allegations of immorality on the petitioner and her having illicit relations with one Mr. Kishore Kumar and then filed a complaint dated 9. 5. 1997, with the Commissioner of Police levelling similar allegations. This complaint was forwarded by the Commissioner of Police to SHO Police Station, Seelam Pur, Delhi and the respondent and the children were summoned by the concerned Officer. After inquiry the complaint was filed as the same was found to be false and baseless. These allegations, according to the respondent, tarnished the image of the respondent and her children and the same caused great mental pain and agony to her and amounted to mental cruelty. It was also alleged in the petition that the appellant again moved an application to the Commissioner of Police making crude rubbish and shocking allegations against the respondent which resulted in the respondent getting shades of depression from which she could not recover till the filing of the petition. It was alleged that the wilful and unjustified conduct of the appellant in making fake complaints and under-mining the reputation of the respondent has not only affected the health and mental frame of mind of the respondent but the same has also developed an apprehension in the mind of the respondent that it would be harmful and injurious for her to live with the appellant.

( 2 ) IN reply to these allegations, the appellant has not denied in the written statement that he had levelled such allegations. He admitted having served the legal notices dated 6. 12. 1996 and having filed a complaint dated 9. 5. 1997 with the police for stopping the alleged wrongful interference of Kishore Kumar in the life of the parties.

( 3 ) ON these pleadings of the parties the Matrimonial Court framed an issue as to "whether the appellant has treated the respondent with cruelty. " After recording the evidence of the parties and hearing arguments the Matrimonial Court came to the conclusion that the levelling of false allegations by the appellant about the respondent having alleged illicit relations with Kishore Kumar amounted to mental cruelty. It was held that if a spouse makes false allegations about the character of other spouse, the same will amount to mental cruelty. The Court, therefore, held that the appellant had treated the respondent with cruelty and accordingly dissolved marriage between the parties by a decree of divorce. As already mentioned above, this decree has now been challenged by filing the present appeal.

( 4 ) THE contention of learned counsel for the appellant is that allegations made by the appellant in the letter and the complaints under reference and admission made in his statement before Court cannot be looked in isolation but has to be taken into consideration in the broader perspective by looking into the circumstances in which the said allegations were made. It is submitted that the parties having lived happily for almost about 25 years, the marriage cannot be permitted to be dissolved only on one allegation and the appellant cannot be held to have treated the respondent with cruel