Threat to other spouse to commit suicide amounts to mental cruelty to that spouse
In the instant case, it is found that the wife has been unreasonably giving threats to the husband of committing suicide and attempting to commit suicide. If that fact is taken into consideration then filing of a false complaint under Section 498-A of I.P.C. has to be treated as one more act of cruelty. In a decision reported in AIR 2002 SC 591 (Savitri Pandey ..vs.. Prem Chandra Pandey) cited by Shri Paunikar, 15
learned counsel for the respondent, it has been held by Their Lordships of the Supreme Court that the cruelty may be physical or mental and mental cruelty is the conduct of the other spouse which causes mental suffering or fear to the matrimonial life of the other. In the instant case, it can certainly be said that repeated attempts on the part of the wife to pour kerosene on her person must have caused mental suffering and fear in the mind of the petitioner.
Bombay High Court
Second Appeal No.280 Of 1994 vs Aged About 45 Years, Occu: Service on 4 May, 2010
Bench: C. L. Pangarkar
