II.

Whether the actions of the Respondent amount to Mental Cruelty for a decree of Divorce to be
granted under Section 13 (1) (i a) of The Hindu Marriage Act, 1955 as pleaded by the Appellant?

II.

THAT THE ACTIONS OF THE RESPONDENT AMOUNT TO MENTAL CRUELTY

AND THUS A DECREE OF DIVORCE should BE

GRANTED UNDER SECTION 13 (1) (i a) OF THE HINDU MARRIAGE ACT AS PLEADED BY THE
APPELLANT

The acts of the respondent alleged by the appellant were of such degree of cruelty

that Appellant’s life became

me miserable and hence marital tie be snapped. Additionally, those acts were just ordinary wear
and tear of the marriage

and amount to mental

cruelty.

ARGUMENTS ADVANCED

THAT THE ACTIONS OF THE RESPONDENT AMOUNT TO MENTAL CRUELTY

AND THUS A DECREE OF DIVORCE should BE

GRANTED UNDER SECTION 13 (1) (i a) OF THE HINDU MARRIAGE ACT AS PLEADED BY THE
APPELLANT

Section 13 of the Hindu Marriage Act 1955 defines the grounds for divorce and Section 13 (1)(i-
a) specifically states that:
(1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a
petition presented by either the husband or the wife, be dissolved by a decree of divorce on the
ground that the other party (i-a) has, after the solemnisation of the marriage, treated the
petitioner with cruelty

Mental cruelty is a state of mind - The feeling of deep anguish, disappointment, frustration in
one spouse caused by the conduct of the other over a long period of time may lead to mental
cruelty;

In

Bhagat

Bhagat,

the Honourable Supreme Court defined Mental Cruelty as "

that conduct which inflicts upon the other party such mental pain and suffering as would make it
not possible for that party to live with the other. In other words, mental cruelty must be of such
a nature that the parties cannot reasonably be expected to live together