other spouse. Cruelty may be
physical or mental.
11. In Samar Ghosh this Court set out illustrative cases where inference
of ‘mental cruelty ... same roof is not a pre-condition for mental cruelty. Spouse can
cause mental cruelty by his or her conduct even while
expression "cruelty" has not been
defined in the Act. Cruelty can be physical or
mental. Cruelty which is a ground for
dissolution ... mental. In
physical cruelty, there can be tangible and
direct evidence, but in the case of mental
cruelty there may not at the same time
that the
expression "cruelty" has not been defined in the Act.
Cruelty can be physical or mental cruelty which is a
ground ... mental.
In physical cruelty, there can be tangible and direct
evidence, but in the case of mental cruelty there may not
at the same time
additional ground
put in by way of amendment viz., cruelty mental cruelty by
wife. The averments made in her counter and the questions ... mind while ascertaining the type of
cruelty contemplated by Section 13(1) (i-a).
16. Mental cruelty in Section 13(1) (i-a) can broadly
marriage, treated the petitioner
with cruelty;"
Under the statutory provision cruelty includes both
physical and mental cruelty. The legal conception of
cruelty ... bodily injury, suffering
or to have injured health. Cruelty may
be physical or mental. Mental cruelty
is the conduct of other spouse which
causes mental
allegations which caused mental agony were made by the respondent, and
her alleged acts clearly caused mental agony and mental cruelty, yet
keeping in view ... constituting cruelty have been
satisfied.
The expression "cruelty" has not been defined in the Act. Cruelty
can be physical or mental. Cruelty which
almost impossible. What is cruelty in one case may not amount to
cruelty in the other case. The concept of cruelty differs from person ... value system,
etc. etc. What may be mental cruelty now may not remain a mental
cruelty after a passage of time or vice versa. There
petitioner with cruelty.
21. Now, it is well-settled that the
expression `cruelty' includes both (i) physical
cruelty; and (ii) mental cruelty. The parties ... expression "cruelty" has not been
defined in the Act. Cruelty can be
physical or mental. Cruelty which is a
ground for dissolution
value system, etc. etc. What may be mental cruelty now
may not remain a mental cruelty after a passage of time or
vice versa. There ... ground of cruelty.
13
Sustained unjustifiable and reprehensible conduct
affecting physical and mental health of the other spouse
may lead to mental cruelty. Both
Marriage Act, 1955 is both physical and mental and it was not possible to define mental cruelty exhaustively.
25. The material observations of the Supreme ... 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
