CRUELTY AS A GROUND FOR DIVORCE

Abstract

Matrimonial affairs are matters of delicate human nature and emotional relationship as they demand mutual trust, regard, respect, love and affection with sufficient play for reasonable adjustments with the spouse, while conforming to the social norms as well. With consideration to the contemporary norms and changed social order, the matrimonial conduct has been governed by various statues. Cruelty is ground for matrimonial relief under all the matrimonial law statues in India. It is not possible for the legislature to enumerate all acts amounting to cruelty or to put cruel conduct into any strait jacket formula. Cruelty has not been defined and that explains the general legislative policy, to avoid such definition and leave it to the courts to interpret, analyse and define what would constitute cruelty in a given case depending upon many factors such as social status, background, custom, traditions, caste, community, upbringing, public opinion prevailing in the locality, etc. This enables the courts to adapt such a meaning of cruelty that it suits the changing societal values and more. What is considered as cruelty today was not construed as cruelty a few decades back, and acts which may not constitute cruelty today might be construed as cruelty after a few years. The cruelty must be such that spouse cannot reasonably be expected to live with the other or living together of the spouses has become incompatible.