Ramchander vs. Ananta [(2015) 11 SCC 539]: Supreme Court of India
Instances of cruelty are not to be taken in isolation but to take the cumulative effect of the facts and circumstances
10. “The
expression ‘cruelty’ has not been defined in the Hindu Marriage Act. Cruelty
for the purpose of Section 13(1)(ia) is to be taken as a behavior by one
spouse towards the other, which causes a reasonable apprehension in the mind of
the latter that it is not safe for him or her to continue the matrimonial
relationship with the other. Cruelty can be physical or mental. In the present
case there is no allegation of physical cruelty alleged by the plaintiff. What
is alleged is mental cruelty and it is necessarily a matter of inference to be
drawn from the facts and circumstances of the case. It is settled law that the
instances of cruelty are not to be taken in isolation but to take the
cumulative effect of the facts and circumstances emerging from the evidence on
record and then draw a fair inference whether the plaintiff has been subjected
to mental cruelty due to conduct of the other spouse.”