Mental Cruelty: Absence of Definition, Presence in Cruelty
THE VYNO LEGAL BULLETINS
D. Nandhini
2/5/20261 min read
"Mental cruelty" - Hindu Marriage Act, 1955 - Ss. 13(1)(i-a) and 25
The cruelty can never be defined with exactitude. What is cruelty depends upon facts and circumstances of each case. Mere filing of complaint is not cruelty if there are justifiable reasons to file complaints. Mere inaction on complaint or acquittal in criminal case may not be ground to treat such accusations of wife as cruelty within meaning of Hindu Marriage Act, 1955. If it is found that allegations are patently false then there can be no manner of doubt that such conduct of spouse levelling false accusations against other spouse would be act of cruelty.
Raj Talreja v. Kavita Talreja (2017) 14 SCC 194