Dead Marriage

K.C.Suresh (Querist) 08 October 2008 This query is : Resolved
Since the marriage between the parties is dead for all practical purposes and there is no chance of it being retrieved, the continuance of such marriage whether would itself amount to cruelty?

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ARVIND JAIN (Expert) 08 October 2008
not itself a cruelty but good ground for divorce.

Murali Krishna (Expert) 08 October 2008
As Arvind Jain rightly said that it does not amount to cruelty, but a good ground for divorce.

KANDE VENKATESH GUPTA (Expert) 08 October 2008
As rightly said Mr.Jain and Murali Krishna living separately and not continuing marital relations by itself does not amount to cruelty. Cruelty is continuous mental or physical harassment by one party against the other.

Adv.Shine Thomas (Expert) 08 October 2008
SC has held in Satish Sitole v Ganga,when a marriage is dead emotionally and practically and when there is no chance of retrieval,its continuance for namesake will amount to cruelty

sanjay kumar patibandla (Expert) 09 October 2008
I too agree with all of you. But what is the meaning mental harassment. mental harassment also leads to cruelty.

Guest (Expert) 10 October 2008
Cruelty should be explicit from action of the parties, when marriage is dead there is no action or abstainence, in such a case there it can anyother thing other than cruelty.

SANJAY DIXIT (Expert) 11 October 2008
Not at all.
It doesn't amount to cruelity.
BUT there are many latest caselaws of Apex and High Courts that if there is irrtrievably breakdown of marriage then it may be count as a ground for divorce.

K.C.Suresh (Querist) 11 October 2008
Dear All
This is accademical issue. Pl go through Romesh Chander V. Savitri (1995) 2 SCC 7)It says the continuance of such marriage would itself amount to cruelty

Adv.Shine Thomas (Expert) 11 October 2008
It amounts to cruelty.ie,this cruelty is also a ground for divorce.

K.C.Suresh (Querist) 12 October 2008
Thanks to you all for showing the interest in sharing knowledge.

SANJAY DIXIT (Expert) 23 October 2008
Thanks dear Suresh for raising an important legal issue.

Regards...
Sanjay Dixit

ritu bhadana (Expert) 03 April 2009
i agree with shine thomas

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