A. Jayachandra vs. Aneel Kaur [(2005) 2 SCC 22]: Supreme Court of India
Cruelty is something more than ordinary wear and tear of married life
12. To constitute
cruelty, the conduct complained of should be ‘grave and weighty’ so as to come
to the conclusion that the petitioner spouse cannot be reasonably expected to
live with the other spouse. It must be something more serious than ‘ordinary
wear and tear of married life’. The conduct, taking into consideration the
circumstances and background has to be examined to reach the conclusion whether
the conduct complained of amounts to cruelty in the matrimonial law. Conduct
has to be considered, as noted above, in the background of several factors such
as social status of parties, their education, physical and mental conditions, customs
and traditions. It is difficult to lay down a precise definition or to give
exhaustive description of the circumstances, which would constitute cruelty. It
must be of the type as to satisfy the conscience of the Court that the
relationship between the parties had deteriorated to such an extent due to the
conduct of the other spouse that it would be impossible for them to live
together without mental agony, torture or distress, to entitle the complaining
spouse to secure divorce. Physical violence is not absolutely essential to
constitute cruelty and a consistent course of conduct inflicting immeasurable
mental agony and torture may well constitute cruelty within the meaning of
Section 10 of the Act. Mental cruelty may consist of verbal abuses and insults
by using filthy and abusive language leading to constant disturbance of mental
peace of the other party.