Legal Proceeding is Right and Does not Amounts to Mental Cruelty Amaresh Patel LANDMARK JUDGMENT Fri, May 28, 2021, at ,10:16 AM Title of the Case – Legal Proceeding is Right and Does not Amounts to Mental CrueltyName of the case – Ravinder Kaur vs. Manjeet Singh (Dead) though lrs., C.A. No. 2021 of 2010Date of Judgment – 21st August, 2019Judges: Justice R. Banumathi and Justice A.S. BopannaSubject and sections involved – Section 13 of Hindu Marriage ActIssue: Whether the legal proceedings initiated by wife against her husband amount to mental cruelty? Fact of the Case: Husband, instituted the divorce proceedings u/s 13 of HM Act seeking dissolution of the marriage which was solemnized between them during December, 1970 as per Sikh rites. As on the date of filing the petition the parties had spent 25 years of married life and had be gotten two sons and a daughter from the wedlock, who were also grown up. It is alleged that the wife had filed a false case u/s 107/151 of CrPC as a result of which he and his father were arrested. It was also alleged that the wife had filed a suit against him seeking declaration and permanent injunction with regard to their house wherein she had alleged that the respondent had defrauded her.According to husband, these false legal proceedings by wife had amounted to mental cruelty and therefore sought for dissolution of the marriage.Ratio of the case - The division bench of Supreme Court relied on its earlier judgment in Ramchander vs. Ananta (2015) 11 SCC 539, wherein it was held that legal proceedings adopted in any circumstances would not amount to cruelty and such instances would not be convincing enough to lead to a conclusion that the marriage is irretrievably broken down.The bench observed in response to the police complaint and the proceedings initiated u/s 107/151 of CrPC that it is the natural legal course adopted by the respondent to protect her right and possession of the property. It is not disputed that at the point when a complaint was filed and a suit was also stated to have been filed by the appellant herein on 05th Sept 1995, there was misunderstanding brewing in the marital life of the parties and in that circumstance the appellant herein had adopted the legal course to protect her rights. Such action taken in accordance with the law cannot, in any event, be considered as inflicting cruelty as the legal proceedings was used only as a shield against the assault. It was further held that irretrievable breakdown of marriage by itself is not a ground provided under the statute for seeking dissolution of marriage. To this effect it would be apposite to refer to the decision rendered by this Court to that effect in the case of Vishnu Dutt Sharma vs. Manju Sharma (2009) 6 SCC 379 relied upon by the learned counsel for the appellant. No doubt on taking note of the entire material and evidence available on record, in appropriate cases the courts may have to bring to an end, the marriage so as not to prolong the agony of the parties. However, in the present facts, at this point in time even that situation does not arise in view of the changed scenario on the death of the respondent herein.