Layered divides

Mental cruelty, as a ground for divorce under Section 13(1) of the Hindu Marriage Act, has to be assessed case-by-case, considering severity, societal factors, and evolving legal interpretations to determine intolerability

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Divorces are increasing, and mental cruelty has become one of the major reasons for the same. Section 13(1) of the Hindu Marriage Act, 1955, outlines grounds for granting a divorce.

Mental cruelty as a ground for divorce differs on a case-to-case basis. The overall facts and circumstances are considered. In V. Bhagat v. D. Bhagat (1994), the Apex Court observed that mental cruelty under Section 13(1)(i-a) can broadly be defined as conduct that inflicts such mental pain and suffering upon the other party that it becomes impossible for them to continue living together. In other words, mental cruelty must be of such a nature that the parties cannot reasonably be expected to live together. The situation must be such that the wronged party cannot be expected to tolerate such conduct and continue living with the other party. It is not necessary to prove that the mental cruelty caused injury to the petitioner's health. While arriving at such a conclusion, regard must be given to the social status and educational level of the parties, the society they move in, the possibility of the parties living together if they are already separated, and all other relevant factors. The Court stated that what constitutes cruelty in one case may not amount to cruelty in another.