Moot court

Cruelty
The term comprehends mental and physical harm, but a single act of cruelty is usually insufficient for
divorce; a pattern of cruel conduct must occur over a period of time.(she was thrown out of
matrimonial home, Streedhan, beaten , she was in depression trauma fear ) This ground of divorce is
of diminished significance due to the enactment of no-fault legislation by most jurisdictions.

In India, the Family Courts have been established under the Family Courts Act of 1984
and they derive their powers and jurisdiction to deal certain matters from this Act only.

The Family Court can take all suits and proceedings which are related to nullity of
marriage, restitution of conjugal rights, judicial separation, dissolution of marriage,
declaration as to the validity of marriage and matrimonial status of the person, property
of the spouses or any of them, for an order or injunction in circumstances arising out of
a marital relationship .

Cruelty which is a ground for dissolution of marriage may be defined as wilful and
unjustifiable conduct of such character as to cause danger to life, limb or health, bodily or
mental, or as to give rise to a reasonable apprehension of such a danger

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"

Cruelty In Eyes Of The Court:

A husband cannot ask his wife that he does not like her company, but she can or should stay
with other members of the family in matrimonial home. Such an attitude is cruelty in itself on the
part of the husband,

· Social torture by anyone of the spouses to the other, found to be as the mental torture and
cruelty.

Cruelty. The deliberate and malicious infliction of mental or physical pain upon persons or
animals. ... Legal cruelty involves conduct that warrants the granting of a Divorce to the
injured spouse.

Smt.Vimla Mehra vs Shri K.S.Mehra on 24 November, 2008

The respondent is an IAS Officer of 1978 Batch (U.P.Cadre) and at the time of filing of petition was
posted as Joint Secretary to the Government of India (Ministry of Textiles). The appellant is an IPS Officer
of 1978 batch (U.T.Cadre) and was posted as DIG, Group Centre, C.R.P.F., Bangalore.
(B) Both being civil servants and of the same batch decided to tie a nuptial knot in 1978. Both completed
their training in 1980 and thereafter were posted at Andaman and Nicobar till 1984.
After that both were at Delhi between 1984 to 1990, at Arunachal Pradesh between 1990 to 1992 and again
at Delhi after 1992 till the appellant got himself transferred to Bangalore on 16.11.1998 and the respondent
continued to be in Delhi till date.
(C) Their matrimonial life went on well after the marriage for another 10-11 years. However, due to
appellant‟s misbehavior, ill-treatment, ego problems, cruel acts, etc., with time the matrimonial life of the
parties greatly deteriorated.
(D) The appellant on the smallest pretext would pick up a fight with the respondent and would humiliate,
insult and abuse the respondent in front of the children and also in front of the relatives of the respondent.
The appellant even refused to do the normal household chores. On smallest pretext, the appellant would
pack up respondent‟s clothes and ask him to leave as the residence was on her name since sometimes the
residence was allotted to the appellant. The respondent in order to make the marriage survive and
especially to keep the atmosphere conducive for the upbringing of the children, kept on bearing the mental
torture, cruelty, humiliation and the insult. The respondent would normally do the household chores and
the appellant would not even help the respondent. The appellant though earning well, has not been
contributing towards domestic expenditure for the last 4-5 years and the entire household expense is being
borne by the respondent so as to humiliate and harass the respondent as she has deliberately taken the
expenditure beyond affordable limits of the respondent. The stage came when the appellant in order to
show her domination and pride used to humiliate and insult respondent on every possible occasion and
pick up fight almost every day. Whenever, respondent‟s father or brother or relatives came to visit the
respondent, the appellant would ill-treat them and fight with the respondent as to why they were there and
they should leave immediately. When the niece of the respondent, namely Urmila, got married on
2.5.1995, the respondent invited the couple to his residence on 4.5.1995, the appellant not only objected
but rather ridiculed the respondent. (E) One of the brothers of the respondent, namely, Sh.I.S.Mehra, an
IPS Officer (U.P.Cadre), expired on 29.10.1993. The appellant objected to the dead body being brought
from Lucknow to 31, Ashok Road, New Delhi (Official residence of the respondent/appellant at that point
of time). Even the wife of Sh.I.S.Mehra, who was also an IPS Officer (U.P.Cadre) expired on 12.10.1997.
Therefore, their children, namely, Vertika and Vivek, came to stay with the respondent being their uncle
and the natural guardian and especially due to the fact that they would find the same atmosphere in which
they were staying. Though, Vivek was studying in Ghaziabad and staying in the College Hostel over there
but he used to visit the respondent on week-ends but Vertika was studying in College in Delhi and staying
with the respondent. The appellant instead of having a humanitarian approach in taking care of the two
orphans who were undergoing a bad phase, used to openly say that they were orphans and actually she
does not want them to come or stay in the house. The appellant even ill-treated and misbehaved with both
the children and also humiliated and insulted them even in front of their friends. The appellant would not
allow Vertika to celebrate her birthday or call her friends at home or go out with her friends. In fact, in
order to harass and humiliate the respondent on 27.02.1998, when the respondent was going to Ghosi (UP)
on Election Duty, the appellant started creating problems and stated that after the respondent had gone she
would throw Vertika out of the house. The respondent requested her not to do so and wait till he returned
from his duty after a few days. But she told that in any case if the respondent did not make alternative
arrangements for the stay of his niece Vertika, she would throw her out of the house. In sheer desperation
and with a sense of help-lessness, the respondent requested one of his nephews namely, Ajay Mehra to
take Vertika away to avoid and untoward incident. Even the respondent‟s nephew Vivek stopped visiting
the respondent. This whole episode has greatly tortured the respondent mentally. The respondent has been
humiliated, insulted and harassed by this act of the appellant. (F) The respondent did not stop her acts of
cruelty there. Thereafter, in June, 1998 when respondent‟s father came to visit the respondent, the
appellant used to shout at the respondent and his father as to why his father was there. Instead of taking
care of the old man, she never used to allow him to come in her sight and insult him and the respondent in
case he came down from his room. One day when the respondent‟s father came down from his room to go
to the toilet, the appellant insulted him and told the respondent and his father that, the old man was
intruding into her privacy and he should stay in his room and not to come out from the room whenever she
is in the house. Thereafter, the respondent‟s father left the house and since June 1998 has been staying
with the younger brother of the respondent namely, Sh.P.S. Mehra. This greatly affected the psyche of the
respondent who felt insulted and humiliated that he cannot even take care of his aged father. Even earlier
on many occasions, the father of the respondent had to be sent away on her insistences as she would say
that she could not stand him (the respondent‟s father). It was the sad plight of the son (the respondent) who
had to bear all these insults and humiliation in silence just to ensure that there was peace at home.