Weightage for mental cruelty

need more details

if somebody applying for divorce on the basis of mental cruelty, if the court finds evidence that the kind of medical cruelty inflicted on the aggrieved partner is of such grave nature that it is not possible for the couple to stay together, then the divorce will be granted.

Observing that a uniform standard could not be laid down, the Supreme Court 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:

[#]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.[/#]

Dear Shri.Gautam Sir, Thank you for your Valuable Information and Precious time. This is will helpful to victims like me, Based on the above human behaviour we can have a Positive attitude, Enthusiasm & energy feeling. Many thanks, Best Regards, shankar.

There is no question of weight-age for mental cruelty nor the court will decide the issue based on the quantity of such cruelty.   As far as the allegations, it is for the petition/complainant to prove the same with proper supporting evidence, if failed, the case may stand dismissed.

Gautam, thanks for the detailed information on cruelty. This will help more. Regards Sufferer