Mental Cruelty as a Ground for Divorce
FAMILY LAW
RESEARCH PAPER
MENTAL CRUELTY
By:
Anushree Verma
TABLE OF CONTENTS
1. Grounds of Divorce 2. Cruelty 3. The key things to be understood regarding cruelty are- 4. Mental Cruelty 5. Mental cruelty as a ground for divorce in american law 6. Indian Case Illustrations
GROUNDS FOR DIVORCE
(1) Adultery.
Either party to the marriage may present a petition for divorce under cl. (i) of sub-sec. (1) of s. 13, on the ground of adultery of the respondent. The expression 'living in adultery' used in old s. 13(I)(i) meant a continuous course of adulterous life as distinguished from one or two lapses from virtue. It would not be in consonance with the intention of the Legislature to put too narrow and too circumscribed a construction upon the words 'is living' in (old) cl. (i) of sub-sec. (1) of s. 13 of the Act. On the other hand, it was clear that too loose a construction must also not be put on these words. For attracting the operation of these words, it would not be enough if the spouse was living in adultery sometime in the past, but had seceded from such life for an appreciable duration extending to the filing of the petition. It is not possible to lay down a hard and fast rule about it since the decision of each case must depend upon its own merits and turn upon its own circumstances. But it is clear that for invoking the application of (old) cl. (i) of sub-sec. (1) of s. 13, it must be shown that the period during, which the spouse was living an adulterous life was so related from the point of proximity of time, to the filing of the petition that it could be reasonably inferred that the petitioner had a fair ground to believe that, when the petition was filed, the respondent was living in adultery. By using the words 'is living in adultery' the Legislature did not intend to make such living co-extensive with the filing of the petition. The identical expression of 'living in adultery' is to be
RESEARCH PAPER
MENTAL CRUELTY
By:
Anushree Verma
TABLE OF CONTENTS
1. Grounds of Divorce 2. Cruelty 3. The key things to be understood regarding cruelty are- 4. Mental Cruelty 5. Mental cruelty as a ground for divorce in american law 6. Indian Case Illustrations
GROUNDS FOR DIVORCE
(1) Adultery.
Either party to the marriage may present a petition for divorce under cl. (i) of sub-sec. (1) of s. 13, on the ground of adultery of the respondent. The expression 'living in adultery' used in old s. 13(I)(i) meant a continuous course of adulterous life as distinguished from one or two lapses from virtue. It would not be in consonance with the intention of the Legislature to put too narrow and too circumscribed a construction upon the words 'is living' in (old) cl. (i) of sub-sec. (1) of s. 13 of the Act. On the other hand, it was clear that too loose a construction must also not be put on these words. For attracting the operation of these words, it would not be enough if the spouse was living in adultery sometime in the past, but had seceded from such life for an appreciable duration extending to the filing of the petition. It is not possible to lay down a hard and fast rule about it since the decision of each case must depend upon its own merits and turn upon its own circumstances. But it is clear that for invoking the application of (old) cl. (i) of sub-sec. (1) of s. 13, it must be shown that the period during, which the spouse was living an adulterous life was so related from the point of proximity of time, to the filing of the petition that it could be reasonably inferred that the petitioner had a fair ground to believe that, when the petition was filed, the respondent was living in adultery. By using the words 'is living in adultery' the Legislature did not intend to make such living co-extensive with the filing of the petition. The identical expression of 'living in adultery' is to be