आत्मज्ञान दुर्बल मनुष्य की प्राप्ति नहीं

“नायमात्मा बलहीनेन लभ्यः”

“नायमात्मा बलहीनेन लभ्यः”—मुण्डक उपनिषद् का यह महान उद्घोष मानव-जीवन के गहन आध्यात्मिक सत्य को प्रकट करता है। इसका सामान्य अर्थ है—“यह आत्मा दुर्बल मनुष्य द्वारा प्राप्त नहीं की जा सकती।” यहाँ दुर्बलता से आशय केवल शारीरिक कमजोरी से नहीं है। इसका वास्तविक संकेत मानसिक अस्थिरता, नैतिक दुर्बलता, आत्मविश्वास की कमी, इन्द्रियों पर नियंत्रण का अभाव, उद्देश्यहीन जीवन तथा कठिनाइयों के सामने शीघ्र पराजय स्वीकार कर लेने की प्रवृत्ति से है।

आत्मा की अनुभूति किसी बाहरी वस्तु को प्राप्त करने जैसी सामान्य उपलब्धि नहीं है। धन परिश्रम से कमाया जा सकता है, पद योग्यता से पाया जा सकता है और प्रसिद्धि सामाजिक मान्यता से मिल सकती है; परन्तु आत्मज्ञान के लिए मनुष्य को अपने भीतर उतरना पड़ता है। उसे अपने अहंकार, भय, आसक्ति, क्रोध, लोभ और भ्रम का सामना करना पड़ता है। यह आन्तरिक यात्रा साहस, अनुशासन और दृढ़ संकल्प की माँग करती है।

यहाँ “बल” का अर्थ बाहुबल नहीं, बल्कि आत्मबल है। सत्य स्वीकार करने का साहस आत्मबल है। प्रलोभन के सामने संयम रखना आत्मबल है। असफलता के बाद पुनः उठ खड़ा होना आत्मबल है। अन्याय का विरोध करना, अकेले होने पर भी सत्य के मार्ग पर टिके रहना और परिस्थितियाँ प्रतिकूल होने पर भी अपने सिद्धान्तों को न छोड़ना—यही वास्तविक शक्ति है।

मनुष्य प्रायः बाहरी संसार को जीतने का प्रयत्न करता है, परन्तु अपने मन की इच्छाओं और दुर्बलताओं से पराजित हो जाता है। जिसने दूसरों को नियंत्रित कर लिया, वह आवश्यक नहीं कि शक्तिशाली हो; वास्तव में शक्तिशाली वही है जिसने स्वयं पर अधिकार प्राप्त कर लिया। क्रोध के क्षण में शांत रहना, अपमान के बाद प्रतिशोध के स्थान पर विवेक चुनना तथा उपलब्धियों के बीच विनम्र बने रहना आत्मविजय के लक्षण हैं।

आत्मज्ञान के मार्ग में सबसे बड़ी बाधा प्रमाद है—अर्थात् असावधानी, आलस्य और आध्यात्मिक उद्देश्य के प्रति उदासीनता। केवल धार्मिक ग्रन्थ पढ़ लेना, अनुष्ठान कर लेना अथवा आध्यात्मिक भाषा का प्रयोग करना पर्याप्त नहीं है। जब तक जीवन में सत्यनिष्ठा, संयम, करुणा, कर्तव्यपरायणता और निरन्तर आत्मनिरीक्षण नहीं आता, तब तक ज्ञान केवल शब्दों तक सीमित रहता है। वास्तविक साधना वह है जो मनुष्य के स्वभाव और आचरण में परिवर्तन उत्पन्न करे।

कठिनाइयाँ आत्मबल की परीक्षा भी हैं और उसके विकास का माध्यम भी। संघर्ष मनुष्य को उसकी छिपी हुई क्षमताओं से परिचित कराता है। संकट के समय ही पता चलता है कि हमारा विश्वास कितना गहरा, धैर्य कितना दृढ़ और चरित्र कितना स्थिर है। जो व्यक्ति प्रत्येक कठिनाई से भागता है, वह अपने भीतर की शक्ति को कभी पहचान नहीं पाता। जो व्यक्ति विवेक और धैर्य के साथ कठिनाइयों का सामना करता है, वही क्रमशः आत्मबोध की दिशा में आगे बढ़ता है।

इस उपनिषद्-वाक्य का संदेश निराश करना नहीं, बल्कि जागृत करना है। यह किसी शारीरिक रूप से कमजोर, बीमार या दिव्यांग व्यक्ति को आत्मज्ञान से वंचित नहीं करता। इतिहास में अनेक ऐसे महापुरुष हुए हैं जिनका शरीर दुर्बल था, परन्तु आत्मबल असाधारण था। अतः यहाँ बल का अर्थ है—सत्य के प्रति निष्ठा, मन की एकाग्रता, साधना में निरन्तरता और स्वयं को परिवर्तित करने का साहस।

आत्मा सदैव हमारे भीतर विद्यमान है, परन्तु अज्ञान, अहंकार और इच्छाओं के आवरण के कारण उसका प्रकाश स्पष्ट दिखाई नहीं देता। जैसे बादलों के पीछे सूर्य नष्ट नहीं होता, वैसे ही मानसिक अशान्ति के कारण आत्मा समाप्त नहीं होती। साधना बादलों को हटाने का कार्य करती है। ध्यान, स्वाध्याय, सत्याचरण, सेवा, संयम और निष्काम कर्म के माध्यम से मन शुद्ध होता है और भीतर विद्यमान चेतना का प्रकाश प्रकट होने लगता है।

 

Pressure Creates Brilliance

“Always remember: a diamond is merely a piece of coal that performed well under pressure.”

Life’s difficulties do not always arrive to destroy us; sometimes, they come to reveal our hidden strength. Just as immense pressure transforms ordinary carbon into a brilliant diamond, adversity can transform an ordinary person into someone courageous, disciplined, and resilient. Failure teaches wisdom, rejection develops determination, and hardship exposes abilities that comfort may never awaken.

Pressure alone, however, does not guarantee success. Transformation depends upon our response. Patience, consistent effort, self-belief, and the willingness to learn from failure allow us to emerge stronger. Therefore, we should not be ashamed of difficult beginnings or discouraged by present struggles. The pressure we endure today may be creating the brilliance the world will recognise tomorrow.

“Adversity does not determine our destiny; our response to adversity does.”

 

Pressure Does Not Merely Test Us—It Transforms Us

“Always remember: a diamond is just a piece of coal that did well under pressure.”

A diamond and a piece of coal are both composed primarily of carbon, yet they are valued very differently. Coal is dark, rough, and ordinary, whereas a diamond is admired for its brilliance, strength, and beauty. The quotation uses this contrast as a powerful metaphor for human life: difficult circumstances do not necessarily destroy us; when faced with patience, courage, and perseverance, they may transform us into stronger, wiser, and more valuable human beings.

Every person encounters pressure in some form. It may arise from financial hardship, professional competition, family responsibilities, illness, rejection, failure, social criticism, or uncertainty about the future. During such periods, life may appear harsh and unfair. We may feel that our abilities are being questioned and that circumstances are working against us. However, these difficult moments often reveal qualities that comfort can never produce. Courage remains undiscovered until we face fear; patience develops only when we are compelled to wait; and resilience is born when we rise after being repeatedly knocked down.

Pressure exposes our true character. When life is comfortable, almost everyone can remain calm, generous, and confident. The real test begins when circumstances become unfavourable. A person’s response to adversity reveals the depth of his discipline, faith, integrity, and emotional strength. Some people surrender before the struggle has truly begun, while others quietly gather their courage, adapt to the situation, and continue moving forward. The difference is not always talent or opportunity; very often, it is the willingness to endure discomfort without abandoning the goal.

Failure is also an essential part of this transformation. A failed attempt is not necessarily proof of inability. It may be a lesson showing us where preparation was insufficient, judgment was mistaken, or strategy requires improvement. Those who learn from failure return with greater wisdom. They stop viewing obstacles as permanent walls and begin treating them as instructions. In this sense, every disappointment contains knowledge, and every setback may become material for future success.

The image also reminds us that transformation is gradual. A diamond does not emerge in a moment, and a strong human character is not developed overnight. Growth occurs through repeated effort, unseen sacrifices, disciplined habits, and the refusal to surrender. The world generally notices the final achievement but rarely sees the sleepless nights, silent tears, rejected applications, financial anxieties, personal doubts, and countless unsuccessful attempts that came before it.

Society often admires successful people without understanding the pressure that shaped them. Behind a confident personality may be years of insecurity. Behind professional excellence may be repeated failure and rejection. Behind calmness may be a long struggle to control anger, fear, and disappointment. Behind every remarkable achievement lies a history that is seldom visible. Therefore, we should never compare someone else’s polished success with our own unfinished journey.

Pressure can also compel us to discover abilities we never knew we possessed. Necessity makes us resourceful. Responsibility teaches discipline. Rejection encourages self-reliance. Loneliness may lead to self-knowledge, while hardship may deepen compassion for the suffering of others. The very circumstances that seem to weaken us may, in time, become the reason for our strength.

Yet pressure alone does not automatically create excellence. The decisive factor is how we respond to it. Uncontrolled pressure can exhaust or break a person; purposeful endurance can refine him. It is therefore important to combine perseverance with wisdom. Rest is not surrender, seeking help is not weakness, and changing an ineffective strategy is not failure. True resilience means knowing when to persist, when to pause, when to learn, and when to begin again with a better understanding.

One must also remember that becoming “a diamond” does not mean becoming emotionally hard or insensitive. Real strength is not cruelty, arrogance, or the suppression of every feeling. True strength allows a person to remain kind despite having suffered, humble despite becoming successful, and compassionate despite having been treated unfairly. The finest transformation is not merely becoming capable of surviving pressure; it is emerging from adversity without losing one’s humanity.

Many people abandon their dreams because progress is slow. They assume that a lack of immediate results means that their efforts are meaningless. But transformation frequently takes place invisibly. Roots grow beneath the soil before a tree becomes visible above it. In the same way, discipline, knowledge, courage, and confidence develop internally before they appear as external success. What looks like stagnation may actually be preparation.

Difficult circumstances are therefore not always signs that we are on the wrong path. Sometimes they indicate that we are entering a stage of deeper growth. Challenges force us to question weak assumptions, correct mistakes, improve our skills, and clarify our priorities. They remove unnecessary pride and teach us to value what truly matters. Comfort may preserve us as we are, but adversity often demands that we become more than we were.

The distance between coal and diamond symbolises the distance between unused potential and developed character. Every human being possesses possibilities that may remain hidden until life demands their expression. Pressure brings those possibilities to the surface. It asks whether we will collapse under difficulty or use the experience to become more disciplined, focused, and mature.

Therefore, when life becomes difficult, we should not immediately conclude that everything is falling apart. Some things may actually be falling into place in a form that we cannot yet understand. The struggle of today may be preparing us for the responsibility of tomorrow. The rejection that wounds us may redirect us towards a better opportunity. The failure that embarrasses us may teach the lesson necessary for lasting achievement.

A diamond does not apologise for once having been carbon, nor should anyone be ashamed of an ordinary or difficult beginning. Our present condition does not determine our final worth. Poverty does not prevent greatness, failure does not permanently defeat talent, and hardship does not cancel hope. What matters is whether we permit our circumstances to define us or use them to refine us.

Do not fear the pressure that accompanies meaningful growth. What feels like a burden today may be shaping the strength, clarity, and brilliance that the world will recognise tomorrow.

Concluding Thought

Coal and diamond remind us that greatness is rarely produced by comfort alone. It is created through patience in delay, courage in adversity, discipline in uncertainty, and faith during moments when success remains invisible. Pressure may change our surroundings, test our confidence, and expose our weaknesses, but if we face it with wisdom and perseverance, it can also uncover the extraordinary person hidden within us.

Pressure does not decide our destiny; our response to pressure does.

 

Karma Never Forgets: The Unfailing Law of Cause and Consequence

“What we sow through our thoughts, words, and actions, we must one day reap through the circumstances of life.”

प्रबलः कर्मसिद्धान्तः—the law of karma is immensely powerful. It is a silent, impartial, and inescapable principle governing human life. Every action performed by a person, whether noble or wrongful, creates a corresponding consequence. The result may not appear immediately, and its arrival may not always be visible to the world, but no deed is ever completely lost. Time may delay the outcome, circumstances may conceal it, and human authority may temporarily obstruct it; nevertheless, karma preserves its own account.

Karma should not be understood merely as supernatural punishment or reward. It is the natural law of cause and effect operating through our character, relationships, decisions, and circumstances. Truthful conduct creates confidence, kindness builds goodwill, discipline produces achievement, and selfless service gives rise to inner peace. Conversely, dishonesty destroys credibility, cruelty creates hostility, arrogance leads to isolation, and injustice eventually becomes the cause of one’s decline. Every deed first shapes the doer before it affects anyone else.

A person may deceive society, manipulate evidence, misuse power, or suppress the truth for a certain period. Wealth may purchase influence, status may command obedience, and authority may provide temporary protection. Yet none of these can permanently erase the moral consequences of wrongdoing. A person may escape the judgment of society, but it is far more difficult to escape the judgment of conscience. An outwardly successful life may still remain burdened by fear, insecurity, loneliness, and mental unrest. These invisible consequences are also manifestations of karma.

The law of karma is impartial. It does not discriminate between the rich and the poor, the powerful and the powerless, or the celebrated and the unknown. Human institutions may favour certain individuals, but karma recognizes neither social position nor worldly privilege. It responds only to the true nature of one’s actions and intentions. The poor person who acts honestly possesses a moral wealth greater than that of a prosperous person whose success rests upon exploitation and deception.

However, karma is not a doctrine of hopelessness. It does not teach that human beings are permanently imprisoned by the mistakes of their past. Rather, it places responsibility and power in their hands. If earlier conduct has created suffering, present conduct can initiate correction. Sincere repentance, acceptance of responsibility, restitution, disciplined effort, and compassionate action can transform the direction of life. One cannot always change what has already happened, but one can certainly decide what kind of seed will be planted today.

The doctrine also teaches patience. Good people sometimes become discouraged when their honesty produces no immediate reward, while dishonest persons appear to prosper. But the visible moment is not the complete story. A seed does not become a tree on the day it is planted. In the same manner, the fruits of action require appropriate time and conditions to mature. Delay should never be mistaken for denial, and temporary success should never be confused with final victory.

This principle is closely connected with the timeless teaching of the Bhagavad Gita: a person must remain devoted to righteous action without becoming enslaved by the expectation of immediate results. Our duty is to act with sincerity, wisdom, and integrity. The precise time and form of the result may not remain within our control. Such understanding protects us from both arrogance in success and despair in adversity.

Karma begins not only with visible conduct but also with intention. Two outwardly similar actions may carry entirely different moral meanings depending upon the purpose behind them. An act performed for publicity, domination, or personal gain is fundamentally different from the same act performed out of compassion and genuine responsibility. Therefore, the law of karma examines not merely what was done, but also why it was done.

Our words also create karma. A kind word may restore a person’s confidence, while a cruel statement may leave a wound that remains for years. False accusations, humiliation, betrayal, and malicious gossip are not harmless expressions; they carry consequences for both the victim and the speaker. Once words are released, they cannot always be withdrawn. Therefore, wisdom demands that speech be truthful, measured, and compassionate.

Even silence can create consequences. Remaining silent before injustice, refusing to help a vulnerable person, or ignoring wrongdoing for personal convenience may amount to moral participation in the wrong. Karma is not limited to what we actively do; it may also arise from what we deliberately fail to do when conscience and duty demand action. Neutrality cannot always remain innocent when truth is being oppressed.

Ultimately, worldly possessions, titles, influence, and reputation are temporary. They may disappear with changing circumstances. What remains deeply connected with a person is the character formed through repeated actions. Good deeds strengthen the soul with courage and peace; wrongful deeds weaken it through fear and restlessness. Karma is therefore not merely something that happens to us in the future—it is something that continuously shapes who we become.

The safest and noblest path is to act honestly even when no one is watching, to remain kind even when kindness is not immediately returned, and to resist injustice even when wrongdoing appears profitable. One should never underestimate the silent force of a righteous deed or the hidden burden of a wrongful act. The wheels of karma may move slowly, but they move with certainty.

“Time may conceal the consequences of an action, but it can never erase them. Karma keeps its account in silence and delivers every result at its appointed hour.”

Ashok Kumar Singh,

Advocate

High Court Calcutta 

The Law of Karma Is Supremely Powerful

 

The Law of Karma Is Supremely Powerful

“प्रबलः कर्मसिद्धान्तः”

The law of karma is one of the most profound and enduring principles of life. It teaches us that every thought, word, and action carries a consequence. Nothing that we do is entirely lost in the vast movement of time. A good deed may not produce an immediate reward, and a wrongful act may temporarily remain unpunished; nevertheless, every action plants a seed that must eventually bear fruit.

Karma is not merely a system of punishment and reward. It is the natural relationship between cause and effect. Just as the quality of a harvest depends upon the seeds that are sown, the future of a person is shaped by the nature of his or her present conduct. Honesty creates trust, kindness produces goodwill, discipline brings progress, and sincere labour leads towards accomplishment. On the other hand, deceit, cruelty, arrogance, and injustice gradually create suffering, isolation, and downfall.

The operation of karma may sometimes appear slow, but it is never powerless. Human beings may deceive society, manipulate circumstances, suppress the truth, or escape the immediate consequences of their misconduct. They may even believe that their influence, wealth, or authority places them beyond accountability. Yet no one can permanently escape the consequences of his own character and actions. What is concealed from the world remains recorded in one’s conscience and eventually manifests through circumstances.

At the same time, the doctrine of karma is not a message of helplessness or fatalism. It does not teach us to accept every difficulty passively by saying that everything is predetermined. Rather, it reminds us that our present actions possess the power to shape our future. Even when past mistakes have brought pain, sincere repentance, corrective action, perseverance, and righteous conduct can begin a new chapter. Every moment offers an opportunity to sow better seeds.

Therefore, one should continue to perform one’s duties with honesty and dedication without becoming excessively anxious about immediate results. Recognition may be delayed, justice may take time, and sincere efforts may initially remain unnoticed; nevertheless, righteous action carries its own strength. The Bhagavad Gita similarly teaches that a person should remain committed to action without becoming enslaved by the expectation of its fruits.

Ultimately, पद, प्रतिष्ठा, धन और सांसारिक शक्ति—position, reputation, wealth, and worldly influence—are temporary. What truly follows a person is the moral weight of his deeds. A noble action becomes a source of peace, while an unjust action becomes a burden upon the conscience. Hence, the timeless message remains unmistakable:

Do good even when no one is watching, avoid injustice even when it appears profitable, and never underestimate the silent but irresistible power of karma—because its law is slow at times, but never ineffective.

summon

 

West Bengal Form No. 3234

 

HIGH COURT FORM NO.( P ) 5

Order 5, Rule 1 and 5, of the Code of Civil Procedure

 

Common form of Summons [ 1 ] final disposal [2] ascertaining whether a suit contested or not and if contested for immediate disposal [3] settlement of issue.

 

To be filled up by office		To be filled up by Nazarat
Date of depositing talabana		Date of which made over to peon
Date of depositing diet money etc.		Date of return by peon after service
Date of filling of process		Date of actual return of process to Nazir
Date of making over process to Nazarat		Date of return by Nazir to court

 

 

DISTRICT :Howrah

IN THE COURT OF THE LEARNED ADDITIONAL DISTRICT JUDGE AT ULUBERIA,

HOWRAH

 

Mat. Suit no.                                         of  2026.

 

To,

Anjum Jahan Ara, daughter of Md. Ghulam Jeelani Ansari, aged about 34 years, by faith Muslim, residing at 59, A-Line / D-Block, Fort Gloster, P.O. Fort Gloster, P.S. Bauria, District Howrah, Pin - 711310.

 

 

..Whereas Arun Lal Chowdhury, Plaintiff,

Has instituted a suit against you for Divorce under Section 27(1)(d), read with Sections 31 and 32, of the Special Marriage Act, 1954. You are hereby summoned to appear in this court in person or by a pleader duly instructed and able to answer all material questions relating to the suit for who shall be accompanied by some person able to answer all such questions on the                          day of                    2026 at O’ clock in the noon.

 

1 ) To answer the claim and fixed for your appearance is appointed for the fine disposed of the suit you must be prepared to produce on the day all witnesses upon whose evidence and all the documents upon which you intended to rely is support of your defence.

 

2 ) to state whether you contest the claim either in whole or in part and if you contest to receive direction of the court as to the date on which your witness statement is to be filed the witness upon whose evidence you intend is rely in support of your defence are to be produced the document(s) upon which you intended to rely are to be filed also the date of trial and other matters take notice that in the event of your admitting the claim either in whole or in part the court will forth with pass judgment in accordance with such admission or in the event of the claim not being contested the suit shall be decided at once.

 

3 ) to answer the claim and you are directed to produce on the day all the documents upon which you in support of your defence.

 

 

Take notice that in default of your appearance on the day before mentioned the suit will be heard and determined in your absence.

 

Give under my hand and the seal of the Court this                                      day of                    2026

 

 

.

 

 

 

Judge

 

Notice –1. Should you apprehend your witness will not attend of their own accord you can have a summons from this court commonly the attendence4 of any witness and production of any documents that you have a right to call upon the witness to produce an applying to the court and on depositing the necessary expenses.

Notice –2.if you admit the claim, you should pay the money in the court together with the cost of suit to avoid execution of the decree, which may be against your person or property or both.

 

 

 

The following judicial authorities are relevant to support the petition under Section 27(1)(d) of the Special Marriage Act, 1954

 

The following judicial authorities are relevant to support the petition under Section 27(1)(d) of the Special Marriage Act, 1954. The principles governing “cruelty” under the Hindu Marriage Act are equally applicable because the statutory language is substantially similar.

A. Physical and mental cruelty

1. Samar Ghosh v. Jaya Ghosh, (2007) 4 SCC 511
   Mental cruelty has no fixed formula. The Court must comprehensively assess the entire matrimonial relationship. Sustained conduct causing such mental pain, agony or suffering that the parties cannot reasonably be expected to live together may constitute cruelty.
2. V. Bhagat v. D. Bhagat, (1994) 1 SCC 337
   Mental cruelty means conduct that causes such mental pain and suffering that it is not reasonably possible for the parties to continue matrimonial life. Actual injury to health need not always be proved.
3. A. Jayachandra v. Aneel Kaur, (2005) 2 SCC 22
   Cruelty may be physical or mental, intentional or unintentional. The matrimonial conduct must be examined cumulatively and not through isolated incidents.
4. Parveen Mehta v. Inderjit Mehta, (2002) 5 SCC 706
   Mental cruelty is ordinarily established from the cumulative effect of facts and circumstances emerging from evidence; direct proof may not always be possible.
5. Ravi Kumar v. Julmidevi, (2010) 4 SCC 476
   Cruelty is to be assessed from the social status, background, temperament and matrimonial circumstances of the parties. What may be ordinary wear and tear in one marriage may amount to cruelty in another.
6. Shobha Rani v. Madhukar Reddi, (1988) 1 SCC 105
   Cruelty must be understood in its ordinary matrimonial sense. The Court must consider the conduct complained of and its effect upon the aggrieved spouse.

These authorities support paragraphs 6–12, 19–25 and 29–30 of the petition.

B. Physical assault and apprehension of danger

7. Mayadevi v. Jagdish Prasad, (2007) 3 SCC 136
   Cruelty is not confined to conduct against the wife; either spouse may be subjected to matrimonial cruelty. Conduct creating a reasonable apprehension that continued cohabitation would be harmful or injurious is relevant.
8. G.V.N. Kameswara Rao v. G. Jabilli, (2002) 2 SCC 296
   Cruelty includes conduct that renders matrimonial life unbearable and creates a reasonable apprehension that it would be harmful or unsafe to continue living with the other spouse.

These cases support the allegations of assault, gripping of the throat, intimidation and apprehension for the petitioner’s safety in paragraphs 21, 25 and 29.

C. Humiliation and misconduct towards parents

9. Narendra v. K. Meena, (2016) 9 SCC 455
   Persistent efforts by one spouse to separate the other from their family, without sufficient justification, may, depending upon the facts, constitute mental cruelty.
10. K. Srinivas Rao v. D.A. Deepa, (2013) 5 SCC 226
    False, indecent and defamatory allegations against the spouse and the spouse’s parents, repeated complaints and conduct calculated to cause humiliation can amount to mental cruelty. Cruelty may also be committed while spouses live separately. Supreme Court judgment

These authorities may be used concerning paragraphs 7, 9, 23–25 and 29.

D. False or retaliatory criminal complaints

11. K. Srinivas Rao v. D.A. Deepa, (2013) 5 SCC 226
    Repeated false complaints and proceedings intended to harass the spouse or their family may constitute mental cruelty.
12. Raj Talreja v. Kavita Talreja, (2017) 14 SCC 194
    Mere filing of a complaint does not amount to cruelty. However, filing demonstrably false complaints containing indecent or defamatory allegations may constitute matrimonial cruelty.
13. Mangayakarasi v. M. Yuvaraj, (2020) 3 SCC 786
    Unsubstantiated allegations and criminal proceedings that cause serious humiliation and suffering to the spouse may be considered while deciding matrimonial cruelty.
14. K. Srinivas v. K. Sunita, (2014) 16 SCC 34
    A knowingly false criminal complaint against the spouse and family members may itself amount to mental cruelty.

Important qualification: paragraph 29 should not describe the respondent’s criminal case as “false” or “retaliatory” merely because it has been instituted. The petition should plead the particular allegations, dates, case number and objective reasons showing falsity or retaliation. Otherwise, rely only on the pendency of cross-proceedings.

E. Contemporaneous police complaints and standard of proof

15. N.G. Dastane v. S. Dastane, (1975) 2 SCC 326
    Matrimonial cruelty is proved on the civil standard of preponderance of probabilities, not beyond reasonable doubt. The Court must examine whether the alleged conduct is more probable than not.
16. Dr. N.G. Dastane v. Mrs. S. Dastane, (1975) 2 SCC 326
    Matrimonial proceedings are civil proceedings, and surrounding circumstances, contemporaneous conduct and cumulative probabilities are material.

This authority supports paragraph 33 concerning the contemporaneous G.D. entries, written complaints, FIR and medical records. The FIR or G.D. entries are not conclusive proof of cruelty, but they corroborate that the allegations were contemporaneously reported and were not subsequently invented.

F. Attempts at reconciliation do not necessarily amount to condonation

17. N.G. Dastane v. S. Dastane, (1975) 2 SCC 326
    Condonation requires forgiveness and restoration of the offending spouse to the former matrimonial position. It is conditional upon no repetition of the matrimonial offence; subsequent cruelty may revive earlier acts.
18. Dr. N.G. Dastane v. Mrs. S. Dastane, (1975) 2 SCC 326
    Mere endurance, temporary cohabitation or an attempt to preserve the marriage does not automatically establish condonation.

This supports paragraph 31. Purchasing a separate residence, attempting reconciliation and supporting the child should be pleaded as bona fide attempts to preserve the marriage, not unconditional forgiveness of all past misconduct.

G. Religious freedom and alleged pressure to convert

19. Rev. Stainislaus v. State of Madhya Pradesh, (1977) 1 SCC 677
    Article 25 protects freedom of conscience. The right to propagate religion does not include a right to convert another person by force, fraud or improper pressure.
20. Lily Thomas v. Union of India, (2000) 6 SCC 224
    Conversion must be genuine and founded upon freedom of conscience; religion cannot be adopted merely as a device for achieving an extraneous legal purpose.

These authorities can support paragraphs 10–12 only in a limited manner. The matrimonial grievance should remain focused on the alleged coercive conduct and its effect upon the petitioner—not upon the respondent’s religion. A demand for conversion would amount to cruelty only if it is specifically proved that it was persistent, coercive and caused serious mental suffering.

H. Maintenance: educational qualification versus actual earning

21. Shailja v. Khobbanna, (2018) 12 SCC 199
    “Capable of earning” and “actually earning” are distinct. Merely because a wife is educated or capable of obtaining employment is not, by itself, sufficient to deny maintenance.
22. Rajnesh v. Neha, (2021) 2 SCC 324
    Maintenance must be determined after disclosure of the parties’ income, assets, liabilities, standard of living, dependants and other relevant circumstances. Both sides should file comprehensive affidavits of disclosure. Supreme Court judgment

Accordingly, paragraph 5 should not assert that the respondent’s M.A. and B.Ed. qualifications disentitle her to maintenance. It may state that her qualifications, employment history and actual or potential income are relevant matters requiring disclosure. Similarly, the petitioner’s housing and personal loans are relevant liabilities, but voluntary EMIs do not automatically override the statutory maintenance rights of the wife or child.

I. Child custody and visitation

23. Yashita Sahu v. State of Rajasthan, (2020) 3 SCC 67
    A child ordinarily has a right to the love, affection and company of both parents. Even where custody remains with one parent, meaningful visitation and contact with the other parent should ordinarily be secured unless contrary to the child’s welfare.
24. Lahari Sakhamuri v. Sobhan Kodali, (2019) 7 SCC 311
    The welfare and best interests of the minor are the paramount considerations; parental rights remain subordinate to the child’s welfare.
25. Roxann Sharma v. Arun Sharma, (2015) 8 SCC 318
    Custody disputes are determined principally upon the welfare of the child and not upon the legal superiority of either parent.
26. Soumitra Kumar Nahar v. Parul Nahar, (2020) 7 SCC 599
    A child should not be used as an instrument in matrimonial conflict. Courts should endeavour to preserve the child’s relationship with both parents.

These authorities support paragraphs 3, 27–28 and prayer (b).

J. Irretrievable breakdown—important limitation

27. Shilpa Sailesh v. Varun Sreenivasan, (2023) 14 SCC 231
    The Supreme Court may dissolve a marriage on the ground of irretrievable breakdown by exercising Article 142 jurisdiction. That power is not ordinarily available to a District Court.
28. Naveen Kohli v. Neelu Kohli, (2006) 4 SCC 558
    Long separation and complete breakdown may reinforce the finding of cruelty, but irretrievable breakdown is not, by itself, a statutory ground of divorce before the trial court.

Therefore, paragraph 30 should not seek divorce merely because the marriage has “broken down.” It should say that the breakdown, loss of trust and impossibility of cohabitation are consequences and evidentiary indicators of the pleaded cruelty.

Suggested authorities paragraph

A new paragraph may be inserted after paragraph 30:

30A. That it is well settled that matrimonial cruelty is not capable of being confined within any rigid or exhaustive formula and must be determined upon a comprehensive appraisal of the entire matrimonial relationship and the cumulative effect of the conduct complained of. Conduct causing such sustained mental pain, humiliation, fear or apprehension that the petitioner cannot reasonably be expected to continue matrimonial cohabitation constitutes mental cruelty. Reliance is placed upon V. Bhagat v. D. Bhagat, (1994) 1 SCC 337; A. Jayachandra v. Aneel Kaur, (2005) 2 SCC 22; Samar Ghosh v. Jaya Ghosh, (2007) 4 SCC 511; and K. Srinivas Rao v. D.A. Deepa, (2013) 5 SCC 226.

Material drafting corrections

• Paragraph 24 attributing the mother’s death to the respondent’s conduct is medically and legally risky unless supported by medical opinion. It should be softened to state that the discord caused her serious distress; direct causation of death should not be alleged without evidence.
• Paragraph 5 must distinguish educational qualification from actual employment and income.
• Paragraph 29 should identify the respondent’s allegedly retaliatory criminal proceeding by case number, date and particulars.
• The voluntary money orders support parental responsibility but do not extinguish the minor child’s independent maintenance rights.
• The verification presently omits paragraphs 30–38. Every paragraph should be covered and separately classified as based on personal knowledge, records, information believed to be true, or legal submission.
• The prayer for visitation may be retained, but a specific application under Section 38 with a proposed visitation schedule would be procedurally preferable.