Indian Kanoon - Search engine for Indian Law

"Mere vulgar, or even obscene, abuse, or false accusations of adultery, incestuous adultery, or unnatural practices, are not grounds for relief except on the principle of cumulative cruelty of a kind injuring health or calculated to do so." see also Rayden on Divorce, Sixth Edition, page 105.

16. It will thus be plain that the legal conception of cruelty comprises of two distinct elements and in order to succeed the wife must prove both. She must firstly prove the ill-treatment complained of, and secondly the result and danger or apprehension thereof. I have already stated that these questions have to be resolved after taking into consideration the entire matrimonial relations and behaviour of the parties together with all relevant factors. This enquiry must be directed to find out whether the cruel treatment is established and further whether the cruel treatment is of such a nature as to cause in the mind of the wife a reasonable apprehension that it will be harmful or injurious to live with her husband. I have also stated that such danger or apprehension must be to the wife. It would be inaccurate and liable to lead to contusion if the word 'cruelty' is understood apart from its effect on the wife,