with cruelty. In a
series of judgments this Court has repeatedly stated the meaning and
outlined the scope of the term ‘cruelty’. Cruelty is evident ... physical or mental.
11. In Samar Ghosh this Court set out illustrative cases where inference
of ‘mental cruelty’ can be drawn. This list is obviously
under:
"The expression "cruelty" has not been
defined in the Act. Cruelty can be physical or
mental. Cruelty which is a ground ... distinct from physical cruelty,
but combine both elements in a general
definition of 'cruelty,' physical and mental. The
generally recognized elements
observed that the
expression "cruelty" has not been defined in the Act.
Cruelty can be physical or mental cruelty which is a
ground ... health, bodily or mental, or
as to give rise to a reasonable apprehension of such a
danger. The question of mental cruelty
lack of mental equilibrium of the husband.
The husband then amended his petition; he alleged a new
ground for divorce viz., mental cruelty. According ... marriage, treated the
petitioner with cruelty; or"
13.Cruelty contemplated by the sub-clause
is both physical and mental. We are concerned
herein with
marriage, treated the petitioner
with cruelty;"
Under the statutory provision cruelty includes both
physical and mental cruelty. The legal conception of
cruelty ... suffering
or to have injured health. Cruelty may
be physical or mental. Mental cruelty
is the conduct of other spouse which
causes mental suffering
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
fact, the manner in
which he had been treated clearly exhibited mental cruelty and,
therefore, the said relief should not be granted. It was averred ... almost impossible. What is cruelty in one case may not amount to
cruelty in the other case. The concept of cruelty differs from person
petitioner with cruelty.
21. Now, it is well-settled that the
expression `cruelty' includes both (i) physical
cruelty; and (ii) mental cruelty. The parties ... conjugal kindness
causing injury to mental health or
deriving sadistic pleasure can
also amount to mental cruelty.
(viii) The conduct must be much more
than
conjugal kindness causing injury to mental health or
deriving sadistic pleasure can also amount to mental cruelty.
(viii) The conduct must be much more than ... unjustifiable and reprehensible conduct
affecting physical and mental health of the other spouse
may lead to mental cruelty. Both the appellant and
respondent being highly
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
