JUDGMENT : Knox, J.:— The lower appellate Court has found that there is a great danger of life to the wife by her having to remain with her husband, the appellant before me, even temporarily in her mother's house. Upon this finding he has refused the appellant the decree asked for the restitution of conjugal lights. The difficulty in this case is that no direct act of cruelty from the husband to the wife has been established. That there have been acts of violence committed by the brothers of the appellant upon a servant of Musammat Tastim-un-nissa and that the appellant has informed his wife that his brother is going to cut her nose are found as facts, and the question arises whether this cruelly on the part of the third person properly leads to an inference that there is reasonable apprehension of bodily hurt on the part of wife at the hands of her husband. 2. I know of no authority for so holding. So far as I can remember all the cases of cruelty which have been held to justify a wife in refusing to live with her husband are direct acts on the part of the husband against ‘the wife. The lower appellate Court appears to me to have drawn a wrong inference from facts before it, and that it had really no facts which justified a finding of cruelty or apprehension of cruelty. I decree this appeal, setting aside the judgment and decree of the lower appellate Court, restore the decree of the Court of first instance with costs in all Courts. The fees in this Court will include fees on the higher scale.