Mental cruelty for Divorce : Golden Rules framed by the Supreme Court of India.

  

Authour : K.P.Satish Kumar M.L. Advocate, Madras High Court

Leading Divorce Advocate

Mental Cruelty is not defined in the Hindu Marriage Act. The supreme Court of India Held :-

(1) There cannot be any comprehensive definition of the concept of 'mental Cruelty  ' within which all kinds of cases of mental Cruelty  can be covered. No Court should even attempt to give a comprehensive definition of mental Cruelty .

(2) What is Cruelty  in one case may not amount to Cruelty  in other case. The concept of Cruelty  differs from person to person depending upon his upbringing, level of sensitivity, educational, family and cultural background, financial position, social status, customs, traditions, religious beliefs, human values and their value system.

(3) Concept of mental Cruelty  cannot remain static; it is bound to change with the passage of time, impact of modern culture through print and electronic media and value system etc. What may be mental Cruelty  now may not remain a mental Cruelty  after a passage of time or vice versa.

What is mental Cruelty  and what is not.

 Illustrations summed up by Supreme Court :-

WHAT IS Cruelty 

(1) Undergoing sterillisation without knowledge or consent of spouse.

(2) Wife having abortion without medical reason or without consent of spouse.

(3) Not having intercourse without physical incapacity or valid reason.

(4) Unilateral decision not to have child.

(5) Sustained reprehensive conduct, studied neglect.

(6) Actions aimed to derive sadistic pleasure.

(7) Abuse and humiliation.

(8) Sustained unjustified conduct affecting physical and mental health of spouse.

(9) Frequent rudeness, indifference and neglect.

What is not a Mental cruelty :

 (1) Wear and tear of marriage.

(2) Jealousy, selfishness and possessiveness causing unhappiness or stress.

(3) Mere coldness or lack of affection.

(4) View married life as a whole; isolated instances not Cruelty .

CONCLUSION: There cannot be any comprehensive definition of the concept of 'mental Cruelty  ' within which all kinds of case of mental Cruelty  can be covered. Supreme Court of India has asked the Indian courts to  considered to view framed by the Apex court and it  has not  even attempt to give a comprehensive definition of mental cruelty.

Team Daniel & Daniel

Attorneys & Solicitors
Head Office @ New No.99, 3rd Floor, Armenian Street, Chennai-600001, Tamilnadu, India.

Helpline:- 9884883318