Mental cruelty in divorce cases matter of inference: HC

CHANDIGARH: The Punjab and Haryana high court has held that to determine mental cruelty in matrimonial disputes, nature of cruel treatment and its impact on the mind of the spouse is to be seen. The HC was also of the view that mental cruelty was a matter of inference to be drawn by taking into account the nature of the conduct and its effect on the complaining spouse.
Division bench comprising Justice Rakesh Kumar Jain and Justice Harnaresh Singh Gill has made these observation while dismissing an appeal filed by a man seeking divorce on the grounds of mental cruelty. Earlier his plea for divorce was dismissed by a family court in Rohtak after which he had approached the HC.
The facts of the case are that the marriage between the parties was solemnized on January 30, 2015, and a daughter was born in December 2015.
The allegations of the husband are that the wife was a short tempered lady and was not interested in domestic work. It was also stated that she used to assault her mother-in-law and grandmother-in-law. It was further stated by the husband that his wife did not inform him about the demise of his father-in-law and not even invited at the time of marriage of his brother-in-law. He had also alleged that his wife had refused to feed the minor girl child with an intention to kill her.
However, the Rohtak family court on March 1, 2019, turned down the man’s plea for divorce after which he had approached the HC seeking divorce on the ground of mental cruelty.
After hearing his plea, the HC observed that no doubt allegations of cruelty had been raised by the husband, but nothing has been pointed out at what occasion and what was the reason due to which the wife had caused a mental, intentional, or unintentional cruelty to the husband or his family.
“If the husband had any reason to approach the court on the basis of cruelty caused by his wife, then the evidence of such cruel act should have been placed before the court to draw a fair inference whether the husband is subjected to any mental cruelty. Rather instances given by the appellant was merely the result of wear and tear of the married life and could not be treated as cruelty of such degree that the parties could not live together or their marriage needs to be dissolved. To our mind only sensitivity of the appellant with respect to the conduct of the respondent cannot be equated with cruelty,” observed the bench.
The bench further stated that the cruelty might be mental or physical, intentional or unintentional.
“If it is physical, the court will have no problem in determining it. It is a question of fact and degree. If it is mental, the problem presents difficulties. First, an inquiry must begin as to the nature of cruel treatment and secondly, the impact of such treatment in the mind of the spouse, whether it causes reasonable apprehension that it would be harmful or injurious to live with the other, is to be seen,” held the HC while dismissing the husband’s plea.