Cruelty in Matrimonial Laws

Cruelty in Matrimonial Laws

Cruelty for the purpose of Section 13(1)(i-a) of Hindu Marriage Act, 1955 is to be taken as a behaviour by one spouse towards the other, which causes reasonable apprehension in the mind of the latter that it is not safe for him or her to continue the matrimonial relationship with the other. Mental cruelty is a state of mind and feeling with one of the spouses due to the behaviour or behavioural pattern by the other. Unlike the case of physical cruelty, mental cruelty is difficult to establish by direct evidence. It is necessarily a matter of inference to be drawn from the facts and circumstances of the case. A feeling of anguish, disappointment and frustration in one spouse caused by the conduct of the other can only be appreciated on assessing the attending facts and circumstances in which the two partners of matrimonial life have been living. - Samar Ghosh v. Jaya Ghosh [2007] GCtR 6497 (SC)