Legal cruelty, in the context of divorce, is far above the cruelty understood in the ordinary sense.

1. I had occasion to decide F. A. O. No. 20-M of 1984 on May 22, 1984 between the parties, remanding the case to the Additional District Judge, Bhiwani, for decision on a narrow point. Since the decision has been made by the learned Additional District Judge, Bhiwani, against the wife, she is back again in appeal.

2. The husband-respondent filed a petition for divorce on 30-3-1983 on grounds of cruelty, thereby alleging in the petition four instances. Earlier to the filing of that divorce petition, the husband had sought for a similar relief on the basis of cruelty based on the said four instances but, later, withdrew his petition on 7-1-1983 and got it dismissed as withdrawn without seeking permission to file a fresh petition on the same cause of action. Later, after present petition for divorce was filed on 30-3-1983, another instance of cruelty allegedly became available to the husband. The learned trial Judge did not permit the husband to maintain his petition on the four grounds of cruelty afore-referred but allowed it to be maintained on the newly acquired fifth ground. That ground is mentioned at serial No. (e) in para 1 of the judgment under appeal;

"(e) That the respondent moved an application on 10-8-1982 before the Senior Superintendent of Police, Bhiwani, levelling false allegations against the petitioner, his parents, brothers and brothers wives, who were arrested by the police on 12-8-1982 and prosecuted under Ss. 107/151 of the Criminal Procedure Code. Ultimately, the complaint was found baseless and dismissed on 4-2-1983 for want of prosecution. Such act of the respondent has lowered the petitioner in the eyes of his friends and public in general and the petitioner has suffered loss in prestige."

3. The Executive Magistrate had dropped the proceedings under Ss.107/151, Code of Criminal Procedure, by observing as follows :-

"Respondents 1 to 3 are present. Today this calendar was put up. The witnesses have been summoned twice but they have not put in appearance. Therefore, treating the calendar to be baseless, it is dismissed and the accused are discharged. After necessary action, the file be consigned to the record. Sd/- Magistrate, Bhiwani."

4. The learned trial Judge, without framing proper issue in that regard about the falsity or otherwise of the complaint of the wife, ventured to decide against her by observing that she had not cared to substantiate the allegations by any evidence whatsoever. When deciding F.A.O. No. 22M of 1984 and remanding the case, I had directed the learned trial Judge to frame a proper and specific issue with regard to the falsity of the complaint made by the wife and then let the parties lead evidence thereon, whereafter the matter was to be decided afresh in accordance with law.

5. The learned trial Judge then framed the following issue :-

"Whether the complaint dated 10-8-1982 made by the respondent-wife under S.107, Criminal Procedure Code, is false and the allegations made therein amount to cruelty? O. P. P."

6. The learned trial judge summarized the allegations in the complaint as follows:-

"(i) That she has been harassed and ill-treated on account of not bringing sufficient dowry. The husband and his family members have been pressurising her to bring television and scooter.

(ii) That they had been mercilessly beating Sushma, the daughter born out of the wedlock.

(iii) That on 26-5-1982 kerosene oil was put on her and attempt was made to burn her alive. The matter was reported to the police and the husband and his family members begged pardon for their actions in the police station and assured not to harass her.

(iv) That Suresh Kumar petitioner is under the influence of other women.

(v) That on 10-8-1982 at about 6.00 A.M. Raj Dulari, wife of Rajinder Kumar, started washing dirty duster when Shyam Lata was taking bath and, on her protest, Raj Dulari abused her saying that they would not allow her to live peacefully and all the respondents named in the complaint, i.e.,