No uniform standard can ever be laid down for guidance, yet
we deem it appropriate to enumerate some instances of human behaviour which may
be relevant in dealing with the cases of "mental cruelty". The
instances indicated in the succeeding paragraphs are only illustrative and not
exhaustive:
(i) On consideration of complete matrimonial life of the
parties, acute mental pain, agony and suffering as would not make possible for
the parties to live with each other could come within the broad parameters of
mental cruelty.
(ii) On comprehensive appraisal of the entire matrimonial
life of the parties, it becomes abundantly clear that situation is such that
the wronged party cannot reasonably be asked to put up with such conduct and
continue to live with other party.
(iii) Mere coldness or lack of affection cannot amount to
cruelty, frequent rudeness of language, petulance of manner, indifference and
neglect may reach such a degree that it makes the married life for the other
spouse absolutely intolerable.
(iv) Mental cruelty is a state of mind. The feeling of deep
anguish, disappointment, frustration in one spouse caused by the conduct of
other for a long time may lead to mental cruelty.
(v) A sustained course of abusive and humiliating treatment
calculated to torture, discommode or render miserable life of the spouse.
(vi) Sustained unjustifiable conduct and behaviour of one
spouse actually affecting physical and mental health of the other spouse. The
treatment complained of and the resultant danger or apprehension must be very
grave, substantial and weighty.
(vii) Sustained reprehensible conduct, studied neglect,
indifference or total departure from the normal standard of conjugal kindness
causing injury to mental health or deriving sadistic pleasure can also amount
to mental cruelty.
(viii) The conduct must be much more than jealousy,
selfishness, possessiveness, which causes unhappiness and dissatisfaction and
emotional upset may not be a ground for grant of divorce on the ground of
mental cruelty.
(ix) Mere trivial irritations, quarrels, normal wear and
tear of the married life which happens in day-to-day life would not be adequate
for grant of divorce on the ground of mental cruelty.
(x) The married life should be reviewed as a whole and a few
isolated instances over a period of years will not amount to cruelty. The ill
conduct must be persistent for a fairly lengthy period, where the relationship
has deteriorated to an extent that because of the acts and behaviour of a
spouse, the wronged party finds it extremely difficult to live with the other
party any longer, may amount to mental cruelty.
(xi) If a husband submits himself for an operation of
sterilisation without medical reasons and without the consent or knowledge of
his wife and similarly, if the wife undergoes vasectomy or abortion without
medical reason or without the consent or knowledge of her husband, such an act
of the spouse may lead to mental cruelty.
(xii) Unilateral decision of refusal to have intercourse for
considerable period without there being any physical incapacity or valid reason
may amount to mental cruelty.
(xiii) Unilateral decision of either husband or wife after
marriage not to have child from the marriage may amount to cruelty.
(xiv) Where there has been a long period of continuous
separation, it may fairly be concluded that the matrimonial bond is beyond
repair. The marriage becomes a fiction though supported by a legal tie. By
refusing to sever that tie, the law in such cases, does not serve the sanctity
of marriage; on the contrary, it shows scant regard for the feelings and
emotions of the parties. In such like situations, it may lead to mental
cruelty."
In the above circumstances an Indian husband or wife
can apply and obtain divorce under mental cruelty.
Author K.P.Satish Kumar M.L. Advocate Madras High Court
By Team Daniel & Daniel
Head Office @ New No.99, 3rd Floor, Armenian Street, Chennai-600001, Tamilnadu, India.
Head Office @ New No.99, 3rd Floor, Armenian Street, Chennai-600001, Tamilnadu, India.
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