What is considered as mental cruelty against husband by wife?

According to Section 13(i) (a) of the Hindu Marriage Act, 1955, mental cruelty is broadly defined as that moment when either party causes mental pain, agony, orsuffering of such a magnitude that it severs the bond between the wife and husband and as a result of which it becomes impossible for the party who has suffered …

How do you prove mental cruelty?

While the laws about what constitutes mental cruelty may vary from states to states, usually a plaintiff has to prove that his/her spouse possess the malicious intent to cause the mental cruelty, such misconduct are repeated or persistent, and the plaintiff suffers both physical and mental injuries as a result.

What is considered extreme cruelty in divorce?

Extreme cruelty is a type of fault divorce where a spouse claims the other spouse committed some form of physical or mental cruelty against them. Further, some states require a separation period for no-fault divorces which may not be required for a divorce based on extreme cruelty.

What amounts to mental cruelty?

Allegations of an estranged spouse which has the effect of sullying the other’s reputation and career amounts to ‘mental cruelty’ and forms a ground for divorce, the Supreme Court said in a recent judgment. The result of this ‘mental cruelty’ must be such that continuation of marital relationship would be impossible.

What is extreme mental cruelty?

Extreme cruelty has been defined as acts and conduct which destroy the peace of mind and happiness of one of the parties to the marriage. Extreme cruelty includes a wide range of hostile, aggressive, or disruptive acts which may affect the physical, emotional, or psychological well-being of the victim-spouse.

How do you prove extreme cruelty?

“Extreme cruelty must indicate an intent to control through psychological attacks and/or economic coercion which also includes emotional abuse, humiliation, degradation, and isolation. A pattern of purposeful behavior, directed at achieving compliance from or control over the victim must be demonstrated.”

What amounts to cruelty against husband?

Some other grounds of cruelty i.e. mental disorder and unsoundness of wife, Impotency of wife, illicit relationship of wife with some other person and Wife suffering from the filarial. Extra-marital affairs of wife can also be a ground of cruelty against the husband.

Which of the following does not amount to cruelty?

The HC stated that “each and every act in a married life does not amount to cruelty” and that harsh and harmful acts that drive somebody to commit suicide or cause danger to someone’s life fall under their purview.

Can a person ask for a divorce on grounds of Cruelty?

Therefore the person will not be entitled to ask for a divorce on grounds of cruelty. Mental strain can happen in various ways so there are no specific criteria which would amount to mental cruelty for example, if the spouse is forcing the wife to do something without the consent or willingness of the wife.

What are the advantages of claiming a divorce under physical and mental cruelty?

An advantage of claiming a divorce under physical and mental cruelty is that you do not have to wait one year post separation in order to get your divorce. If a party is claiming one of these grounds for divorce, they will have the onus of proving it on a balance of probabilities.

Is there such a thing as cruelty in marriage?

However, a mere quarrel, petty outrageous behaviour or differences between the spouses does not come in the ambit of cruelty because this is something that is common in a day to day married life. Conducts that would amount to cruelty should be grave and severe in nature. Grave violence doesn’t always mean physical violence.

When can physical and mental cruelty be used as a reason?

In order for the physical and mental cruelty to be used as a reason for divorce, it must be “of such kind as to render intolerable the continued cohabitation of the spouses. ” See the language in s. 8 (2) (b) (ii) of the Divorce Act .