@ Author
1. YES. Any 'surgery' carries RISK of life and limb especially when you need a companion moretheless most !
2. Make up your mind as to what you want - divorce or carry forward somehow in such unilateral relationships.
3. Read well about pre-498a and post 498a as well as about DV Act and Maint. Laws of the land by referring to last 100 prudent posts in Criminal and Family Law forums here.
4. Hire / consult / chamber discuss an advocate before finality of your next course of life changing act (to be read as every action of husband is equal to well advised reaction by a metro wife and her side to tame an husband)
5. Mix fact of your wife refusal to cohabit and stopped sharing a bed with you without any justification = mental cruelty
6. Add another fact of no one to care for you during and after surgery inspite of repeated pleas forwarded to wife to rejoin matrimony = mental cruelty
7. May use re.: Samar Ghosh Vs. Jaya Ghosh 2007 (5) SCALE 1 as some of your stated facts falls under similar facts as in ref. Judgment on wider scope of things called as 'mental cruelty' as it differs from person to person depending on upbringing, sensitivity, education, family and cultural background, financial position, social status, customs, traditions, religious beliefs and value systems. The concept of mental cruelty was held to be dynamic and changing with the passage of time and the impact of modern culture.
8. A uniform standard could not be laid down as to what constitutes "mental cruelty" the Hon'ble Supreme Court in ref. Judgment enumerated instances of human behaviour that would be relevant in dealing with cases of “mental cruelty”. The following instances were indicated as illustrative, though not exhaustive, with regard to adjudging "mental cruelty" thus seeking Divorce on "mental cruelty" grounds:
- A husband undergoing sterilisation without medical reasons and without the consent or knowledge of his wife may lead to mental cruelty.
- A wife undergoing sterilisation or abortion without medical reasons or without the consent or knowledge of the husband may lead to mental cruelty.
- Unilateral decision of refusal to have intercourse for a considerable period without any physical incapacity or valid reason may amount to mental cruelty.
- Unilateral decision of either husband or wife after marriage not to have a child may amount to mental cruelty.
- Acute mental pain, agony and suffering to a degree that would not make it possible for the parties to stay with each other.
- On a comprehensive appraisal of the entire matrimonial life, if it becomes clear that the wronged party cannot reasonably be asked to put up with such conduct and continue to live with the other party.
- Mere coldness of manner or lack of affection cannot amount to mental cruelty. However, frequent rudeness of language, petulance, indifference and neglect could reach a degree that makes married life for the other person intolerable.
- Feeling of deep anguish, disappointment, frustration in a spouse caused by the conduct of the other over a long time may amount to mental cruelty.
- Sustained abusive and humiliating treatment calculated to torture or render miserable the life of the spouse could amount to mental cruelty.
- Sustained unjustifiable conduct affecting the physical and mental health of the spouse. However, the treatment complained about and resultant apprehension must be very grave, substantial and weighty.
- 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 could amount to mental cruelty.
- Jealousy, selfishness, possessiveness which causes unhappiness, dissatisfaction and emotional upset may not be grounds for divorce on account of mental cruelty.
- Trivial irritations, quarrels, normal wear-and-tear of married life would not be adequate for grant of divorce on grounds of mental cruelty.
- Few isolated instances over a period of years would not amount to mental cruelty. Persistent ill conduct for a lengthy period, where the relationship has deteriorated to an extent that the wronged party finds it difficult to live with the other party may amount to mental cruelty.
- Long period of continuous separation indicating that the matrimonial bond is beyond repair may lead to mental cruelty.
