Manish Satpal Agarwal, vs Dolly Manish Agarwal Bom. HC CIVIL APPLICATION NO. 67 OF 2009

Simply because at some occasion the respondent wife might have told to the husband that he is mentally weak or bhondu, it cannot be presumed that uttering of such words may amount to cruelty. Respondent wife has clearly stated that she has never used these words in the presence of the parents of the appellant. In our view, the appellant should not have been so sensitive, even if few words are uttered by respondent during the married life. In a family life between husband and wife, occasionally there may be some exchanges of wits/anger/jokes or satire, that itself may not be treated as an act of cruelty. Similarly, even if the respondent has told the appellant that he is not C.A. but only a Commerce Graduate, such uttering should not be treated as an act of cruelty as the same can be said to be a statement of fact. It is not in dispute that before the marriage an impression was given to the parents of the respondent that the appellant is C.A. May be ultimately after marriage it was noticed by the respondent that the appellant is only a Commerce Graduate and when this fact is told to him, it cannot be considered as an act of cruelty on the part of the respondent. There is nothing on the record to show that the respondent regularly used to utter such words. The appellant knew that he is not C.A. and, therefore, if the said fact is uttered by the wife, the appellant should not have become so hypersensitive on this.