Naveen Kohli vs Neelu Kohli on 21 March, 2006
Referring to
various case law on the subject including (2006) 4 SCC 558
(NAVEEN KOHLI Vs. NEELU KOHLI) the Supreme Court held that
"under the breakdown theory, divorce should be seen as a
solution and an escape route out of a difficult situation.
Such divorce is unconcerned with the wrongs of the past, but
is concerned with bringing the parties and the children to
terms with the new situation and developments by working out
the most satisfactory basis upon which they may regulate
their relationship in the changed circumstances." On the
question of cruelty, the Apex Court further observed that
there can never be any straitjacket formula or fixed
parameters for determining mental cruelty in matrimonial
matters. Yet, the Apex Court, by way of illustration, listed
out the instances of mental cruelty as follows: