When conduct of one spouse can be treated as cruelty to other spouse;SUPREME COURT LATEST JUDGMENT
Undoubtedly, not allowing a spouse for a long time, to
have s*xual intercourse by his or her partner, without sufficient
reason, itself amounts mental cruelty to such spouse. A Bench
of Three Judges of this Court in Samar Ghosh vs. Jaya Ghosh
(2007) 4 SCC 511 has enumerated some of the illustrations of
mental cruelty. Paragraph 101 of the said case is being
reproduced below:
“101. 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.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 9036 OF 2014
(Arising out of S.L.P.(c) No.25056 of 2012)
VIDHYA VISWANATHAN
VERSUS
KARTIK BALAKRISHNAN
Dated;SEPTEMBER 22, 2014
PRAFULLA C.PANT,J.
https://www.lawweb.in/2014/09/when-conduct-of-one-spouse-can-be.html
