Mental cruelty ground for divorce, says SC

An apex court bench, headed by Justice Sanjay Kishan Kaul, held that harming the reputation of the spouse at his workplace and society at large, inflicting mental cruelty to the spouse will be grounds for divorce under marital laws.

New Delhi: The Supreme Court has ruled that harming the reputation of the spouse at his workplace and society at large, inflicting mental cruelty to the spouse can be a ground for divorce under marital laws and it can not be expected by the aggrieved partner to reconcile and live together again.

The bench headed by Justice Sanjay Kishan Kaul gave its order on a plea pertaining to divorce where an army man wanted a divorce as his wife had made various complaints before his superiors, had accused him of adultery and had made him go through enquiry.

The bench comprising of Justice Hrishikesh Roy and Dinesh Maheshwari observed that "In circumstances like this, the wronged party can not be expected to continue with the matrimonial relationship and there is enough justification for him to seek separation."

"The degree of tolerance will vary from one couple to another, no uniform standard can be laid down and each case will have to be decided on its own facts," ruled the bench.

The court said that background of the couple, the status of the couple and the level of education has to be kept in mind while deciding for separation.