I am Supriya Gill, a lawyer and in this article, you will get to know what mental cruelty is, how to prove mental cruelty, what are the parameters to consider mental cruelty and some Supreme Court judgments on mental cruelty.
In order to prove mental cruelty in a divorce case, you must demonstrate that your spouse’s behaviour has caused significant emotional or psychological harm to you. This can include verbal abuse, harassment, intimidation, isolation, or other forms of behaviour that have negatively impacted your mental health.
What is Mental Cruelty?
Mental cruelty refers to a pattern of behaviour that causes emotional distress or harm to another person.
This can include verbal abuse, manipulation, gaslighting, and other forms of emotional manipulation or manipulation.
Mental cruelty can be a form of abuse and can have serious long-term effects on a person’s mental health and well-being.
Factors determining the Mental Cruelty
In many Judgements, the following principles have been led down to ascertain whether Cruelty has been caused to the spouse or not. Some parameters are:
- Having affair or committing adultery with not just the spouse’s knowledge but even publicly accepting, is an example of mental cruelty.
- Denial of fulfilling marital obligations which include sexual intercourse.
- Abusing the spouse and spouse’s family members in front of others.
- Levying false allegations of adultery on the spouse.
- Compelling the spouse to leave all the jobs and to depend upon the spouse.
- Demoralizing the spouse by every means.
- Not disclosing any fact or incidents of an acquired sexually transmitted disease while they are already into marital life.
Evidence required to prove Mental Cruelty?
To prove Mental Cruelty in Court, you should have the following pieces of evidence:
- Witnesses: Family members, friends, or professionals who can attest to the behaviour of your spouse and the impact it has had on you.
- Medical records: Records from a therapist, counsellor, or psychiatrist can be used to show that you have been experiencing emotional or psychological distress as a result of your spouse’s behaviour.
- Journal or diary: Keeping a record of your spouse’s behaviour and the impact it has had on you can be used as evidence in court.
- Emails, texts, or other forms of written communication: These can be used to demonstrate patterns of behaviour or specific instances of abuse.
- Surveillance footage or recording: If possible, footage of the behaviour can be used as evidence.
Note: The laws regarding divorce and evidence of mental cruelty vary by jurisdiction, so it’s best to consult a local attorney for specific advice in your case.
How to draft a Divorce petition on the ground of Cruelty?
A divorce petition on the grounds of cruelty should include specific details and evidence of the behaviour that constitutes cruelty. The petition should also include information about the length of time the behaviour has been occurring and the impact it has had on the person filing for divorce. Here are some steps to consider when drafting a divorce petition on the grounds of cruelty:
- While drafting you have to mention first the name of the Family Court under which the Husband and wife are living or last resided or having the jurisdiction.
- The name of the Applicant or Petitioner, father’s or husband’s name and address Verses the name of the Respondent (spouse), father’s name and address.
- Start the drafting that as per the Hindu rituals the marriage has been solemnized on such and such date, and was living as a married couple.
- Then the Spouse started treating with Cruelty and also specify the date and events when the cruelty has been caused upon the spouse. These should be in chronological order.
- Then type of cruelty whether it is physical or mental cruelty or both.
- Also, state the circumstances that it is extremely difficult to obey marital obligations in such circumstances. You have to plead specifically.
- Mention Jurisdiction as per Section 19 of the Hindu Marriage Act.
Case Laws on Mental Cruelty
1. N.G. Dastane vs S. Dastane
The wife used to abuse the husband and his family members. She used to tell that the whole Dastane family should go to hell. The father of the husband has written a book, she told him that this book should be burnt into ashes. This is the classical example of mental Cruelty.
2. Shobha Rani vs Madhukar Reddy (1988)
The Supreme Court held that the repeated demands for dowry by the husband or his relatives are a form of cruelty.
3. Smt. Maya Devi vs Jagdish Prasad
The Hon’ble Supreme Court decided the case on 21st February 2007. The wife does not use to provide food to the husband and three kids. The wife demands money for her parents from her husband.
4. Suman Kapur vs Sudhir Kapur (2008)
The wife did an abortion of two children without the knowledge and consent of the husband.
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