Mental Cruelty - Definition - Law Dictionary

Definition :

Mental cruelty, is the conduct of other spouse which causes mental suffering or fear to the matrimonial life of the other, Savitri Pandey v. Prem Chandra Pandey, (2002) 2 SCC 73.

Mental cruelty in s. 13(1) (ia) can broadly be defined as that conduct which inflicts upon the other party such mental pain and suffering as would make it not possible for that party to live with the other. In other words, mental cruelty must by of such a nature that the parties cannot reasonably be expected to live together. The situation must be such that the wronged party cannot reasonably be asked to put up with such conduct and continue to live with the other party. It is not necessary to prove that the mental cruelty is such as to cause injury to the health of the petitioner, V. Bhagat v. D. Bhagat, (1994) 1 SCC 337 AIR 1994 SC 710. [Hindu Marriage Act, 1955, s. 13(i) (ia)