Mental Cruelty:

Intention is not required to prove mental cruelty. The act of depriving a husband of his conjugal rights by a wife is considered the worst form of cruelty a wife can inflict, as for a man of integrity and character, there is no way to satisfy his sexual desires except in the company of his wife.

We are in a transitional phase, where many norms and values of the joint family are no longer fully observed, yet they continue to influence our lives. Modern living conditions, industrialization, individual occupations, and the emergence of large service and professional classes pose their own challenges, especially in cities and towns.

The scarcity of accommodation, living in one or two-room tenements, and challenging economic conditions exacerbate the problem. In urban areas, both large and small, couples-particularly newlyweds-struggle to adjust. On one hand, there are the old, traditional ideals of family unity and the kinship bond, demanding unwavering allegiance, often bordering on totalitarianism.

On the other hand, ideas of freedom, liberty, and equality are becoming more ingrained, even within joint households, offering the promise that once these bonds are broken, a richer and freer married life may be possible. The deteriorating economic conditions, with ever-rising prices, create the illusion of a happier married life away from the restrictive joint family environment.

About fifty years ago, it was almost impossible to see a couple walking side by side in Northern Indian cities and towns (walking hand in hand is still a rare sight). In short, the social and human struggle is this: couples living within joint families seek freedom from the constraints of kinship bonds. While these bonds are weakening, they still hold sway.

Often, couples attempt to break free from these ties but fail, as the centuries-old traditions are difficult to shed and cling stubbornly to their conscience. This leads to friction. In such circumstances, the wife-who has no direct kinship bond with her husband's family beyond her marriage-may find it challenging to adjust, leading to increased differences. Sometimes, these differences become so severe that the wife either leaves the household or is forced out.

Ultimately, some of these couples end up in court. Most of the cases of divorce or judicial separation that reach the courts arise from this context.

It is submitted that, given the social conditions prevailing in India, one must consider cruelty within the Indian context. While foreign precedents can provide useful insights, they should not be followed blindly.

In Gopal v. Mithilesh, Gopinath, J., observed, "...decisions of English courts have to be understood in the context of the social conditions in that country and may be useful only for basic principles enunciated and no further."

Written By: S Kundu & Associates
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