When the husband is living extra- martial affair with
the staff, for adultery the wife have to prove the adulteress relationship with
another women. But for cruelty the strained relationship caused by the husband
in leading a affair with the staff is enough.
In extra – ordinary cases the wives suspect the husband
having relationship with their own sister or mother or with the relative of the
husband are covered under cruelty done by the wife. These are the psychic attitude of the wives. If a wife file divorce on this
grounds it some times put a U-turn and may help husband to get divorce on cruelty
grounds or for the dismissal of the divorce petition, when the wife fails to
prove with strong evidence before the court.
When the wife engaged
detective agents to spy and monitor the husband day-to-day activities, which
caused mental agony and distress to the husband and the husband privacy was
unnecessarily disturbed due to the wife cheap attitude. The court consider this
as the mental cruelty caused by the wife.
The wife allegations of husbands adulterous
or affair life will fall under Adultery coupled with Mental cruelty. Cruelty is
not defined under the marriage laws in India. But the Court has certain guidelines
to determine the mental cruelty for the suspicious life of the husband
character by the wife.
The general rule in all cases of cruelty is that the
entire matrimonial relationship must be considered, and that rule is of special
value when the cruelty consists not of violent acts but of injurious
reproaches, complaints, accusations or taunts. In cases where no violence is
averred, it is undesirable to consider judicial pronouncements with a view to
creating certain categories of acts or conduct as having or lacking the nature
or quality which renders them capable or incapable in all circumstances of
amounting to cruelty; for it is the effect of the conduct rather than its
nature which is of paramount importance in assessing a complaint of cruelty.
Whether one spouse has been guilty of cruelty to the other is essentially a
question of fact and previously decided cases have little, if any, value. The
court should bear in mind the physical and mental condition of the parties as
well as their social status, and should consider the impact of the personality
and conduct of one spouse on the mind of the other, weighing all incidents and
quarrels between the spouses from that point of view; further, the conduct
alleged must be examined in the light of the complainant's capacity for
endurance and the extent to which that capacity is known to the other spouse.
Malevolent intention is not essential to cruelty but it is an important element
where it exists.
The concept of legal
cruelty changes according to the changes and advancement of social concept and
standards of living. With the advancement of our social conceptions, this
feature has obtained legislative recognition, that a second marriage is a
sufficient ground for separate residence and maintenance. Moreover, to
establish legal cruelty, it is not necessary that physical violence should be
used. Continuous ill-treatment, cessation of marital intercourse, studied
neglect, indifference on the part of the husband, and an assertion on the part
of the wife that the husband is unchaste are all factors which lead to mental
or legal cruelty.
The husband can file his case for divorce when the wife
alleges that husband is leading a immoral life or having affair or suspecting
the character of the husband or alleging illicit contacts with the staff’s in
the working place or spreading news that among friends and neighbours that the
husband have illicit relationships. The divorce petition can be filed at the
place where marriage took place or where the husband and wife lastly resided
together or at the place of wife.
Author K.P.Satish Kumar., Advocate Madras High Court
Top divorce Lawyer in Chennai.
By Team Daniel & Daniel
Attorneys & Solicitors
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