Authour : K.P.Satish Kumar M.L.
Advocate, Madras High Court
Leading Divorce Advocate
Mental Cruelty is not defined in the
Hindu Marriage Act. The supreme Court of India Held :-
(1) There
cannot be any comprehensive definition of the concept of 'mental Cruelty ' within which
all kinds of cases of mental Cruelty can be covered. No Court should even attempt to
give a comprehensive definition of mental Cruelty .
(2) What is Cruelty in one case may
not amount to Cruelty in other case.
The concept of
Cruelty
differs from person to person depending upon his upbringing, level of
sensitivity, educational, family and cultural background, financial position,
social status, customs, traditions, religious beliefs, human values and their
value system.
(3) Concept
of mental Cruelty cannot remain
static; it is bound to change with the passage of time, impact of modern
culture through print and electronic media and value system etc. What may be
mental Cruelty now may not
remain a mental Cruelty after a passage
of time or vice versa.
What is
mental Cruelty and what is not.
Illustrations summed up by Supreme Court :-
WHAT IS Cruelty
(1)
Undergoing sterillisation without knowledge or consent of spouse.
(2) Wife
having abortion without medical reason or without consent of spouse.
(3) Not
having intercourse without physical incapacity or valid reason.
(4)
Unilateral decision not to have child.
(5)
Sustained reprehensive conduct, studied neglect.
(6) Actions
aimed to derive sadistic pleasure.
(7) Abuse
and humiliation.
(8)
Sustained unjustified conduct affecting physical and mental health of spouse.
(9) Frequent
rudeness, indifference and neglect.
What is not
a Mental cruelty :
(2)
Jealousy, selfishness and possessiveness causing unhappiness or stress.
(3) Mere
coldness or lack of affection.
(4) View
married life as a whole; isolated instances not Cruelty .
CONCLUSION:
There cannot be any comprehensive definition of the concept of 'mental Cruelty ' within which all
kinds of case of mental Cruelty can be covered. Supreme
Court of India has asked the Indian courts to considered to view framed by the Apex court
and it has not even attempt to give a comprehensive
definition of mental cruelty.
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& Daniel
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