Cruelty under Section 13(1)(ia) of the Hindu Marriage Act includes mental cruelty, such as a wife's refusal to prepare tea for her husband's friends, lodging false reports against him and his relations, and getting rid of a pregnancy without his consent.

( 1 ) THIS second appeal has been filed against by judgment and decree dt. 28th Mar. 1984 passed by the lower appellate Court confirming the judgment and decree passed by the trial Court whereby the petition for divorce under S. 13 (1) (ia) of the Hindu Marriage Act was allowed.

( 2 ) THE parties were married on 10-12-1980 and they lived together for a month and a half. The petition was filed with the allegations that during her stay with the respondent the appellant humiliated the respondent by refusing to make tea for his friends. It was said that on the appellants desire, the respondent got her admitted in a college for further studies. One day the appellant went on the pretext of going to college and did not come back. On 21st Jan. , 1981 she lodged a report against the respondent and his relations for offences under S. 307/406/34 IPC and also under S. 4, Dowry Prohibition Act, 1961. Cases were registered against the respondent and his relations and warrants were issued against them. They had to obtain bail from the court. The police submitted final report in the case under S. 307/406/34 IPC. The other case also did not proceed. The appellant had started vomiting during her stay with the respondent and he got her medically examined. The doctor found that she was in a family way. Subsequently the appellant got rid of the pregnancy and deprived the respondent of a happy family. It was said that the respondent tried his best to persuade the appellant to leave her hostile and adamant attitude, but she was not prepared.

( 3 ) THE petition was contested by the appellant on a plea of denial. She claimed that she used to prepare food, tea and refreshments for the family members and guests. Her grievance was that the greedy members of respondents family pressed her for a sum of Rs. 30,000/- in cash and transfer of half of the immovable property of her father in favour of the respondent, but she refused to oblige. She also complained that the respondent had taken all her costly clothes and ornaments. She admitted that she filed Misc. Case No. 120 of 1970 against the respondent, but the latter was avoiding service. She also complained that the respondent did not give her love, affection and sympathy. It was said that the respondent tried to push the appellant in the ocean at Goa where the couple had gone for honeymoon, but she escaped. She referred to third degree methods used by the respondent and his relations. It was said that there was even attempt to commit her murder when the respondent and his relations tried to strangulate her. As she considered life unsafe at the house of the respondent she preferred to stay with her parents.

( 4 ) BOTH the courts below accepted the respondents version. They held that cruelty under S. 13 (1) (ia) of the Act has been proved.

( 5 ) I have heard the learned counsel for the appellant and have perused the judgment of the courts below.

( 6 ) THE case of Dastane v. Dastane, AIR 1975 SC 1534, considered cruelty as referred to in S. 10 (1) (b) of the Hindu Marriage Act prior to its amendment by Marriage Laws Amendment Act, 1976. cruelty referred to in S. 10 (1) (b) of the Act had to be of a nature as to cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious to the petitioner to live with the other party. The Amendment Act deleted the entire S. 10 (1) of the Act and substituted it with the present sub-section, which provides that either party to the marriage may present a petition for judicial separation on any of the grounds specified in sub-sec. (1) of S. 13. Cl. (ia) was added to S. 13 (1) of the Act and the ground provided now is that the other party "has after the solemnization of the marriage treated the petitioner with cruelty". No specified test is now tagged to cruelty and it is cruelty simpliciter.

( 7 ) WHERE a wife refuses to prepare tea for the friends of the husband she not only hurts his ego but causes him humiliation before hi