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36. The legal concept of cruelty which is not
defined by the statute is generally described as
conduct of such character as to have caused
danger to life, limb or health (bodily and
mental) or to give rise to reasonable
apprehension of such danger. The general rule
in all questions of cruelty is that the whole
matrimonial relations must be considered, that
rule is of a special value when the cruelty
consists not of violent act but of injurious
reproaches, complaints, accusations or taunts.
It may be mental such as indifference and
frigidity towards the wife, denial of a company
to her, hatred and abhorrence for wife, or
physical, like acts of violence and abstinence
from sexual intercourse without reasonable
cause. It must be proved that one partner in
the marriage however mindless of the
consequences has behaved in a way which the
other spouse could not in the circumstances be
called upon to endure, and that misconduct
has caused injury to health or a reasonable
apprehension of such injury. There are two
sides to be considered in case of apprehension
of such injury. There are two sides to be
considered in case of cruelty. From the
appellants, ought this appellant to be called on
to endure the conduct? From the respondent's
side, was this conduct excusable? The Court
has then to decide whether the sum total of the
reprehensible conduct was cruel. That depends
on whether the cumulative conduct was
sufficiently serious to say that from a
reasonable person's point of view after a
consideration of any excuse which the
respondent might have in the circumstances,
the conduct is such that the petitioner ought
not be called upon to endure."