The case of snoring in bed:
N.K.Assumi
(Querist) 11 September 2008
This query is : Resolved
Does snoring in bed while sleeping amount to cruelty to the spouse. Can such be the ground of divorce on the ground of cruelty?
KamalNayanSaxena
(Expert) 11 September 2008
Section 13(1)(i-a) uses the words "treated the petitioner with cruelty". The word "cruelty" has not been defined. Indeed it could not have been defined. It has been used in relation to human conduct or human behaviour. It is the conduct in relation to or in respect of matrimonial duties and obligations. It is a course of conduct of one which is adversely affecting the other. The cruelty may be mental or physical, intentional or unintentional. If it is mental the problem presents difficulty. First, the enquiry must begin as to the nature of the cruel treatment. Second, the impact of such treatment in the mind of the spouse. Whether it caused reasonable apprehension that it would be harmful or injurious to live with the other. Ultimately, it is a matter of inference to be drawn by taking into account the nature of the conduct and its effect on the complaining spouse.
Adv.Shine Thomas
(Expert) 11 September 2008
It may be a ground for divorse(according to the discretion of the parties)
SANJAY DIXIT
(Expert) 11 September 2008
Practically it doesn't seem in India in divorce cases; but in foreign (specially in Europian countries) it is a common ground for divorce.
N.K.Assumi
(Querist) 12 September 2008
Tanx all of you.
