This is the Samar Ghosh (IAS) judgment by the Supreme Court broadening the definition of Mental Cruelty.
Here is a summary:
“The Supreme Court instructed lower courts dealing with divorce petitions on the ground of mental cruelty “to review married life as a whole” and “that a few isolated incidents over a period of years will not amount to cruelty”.
The bench focused on what it called “sustained behaviour”. It said that “mere coldness or lack of affection cannot amount to cruelty” but made allowance for the fact that “frequent rudeness of language, petulance of manner, indifference and neglect may reach such a degree that it makes the married life for the other spouse absolutely intolerable”.
The judges observed: “The concept of mental cruelty cannot remain static; it is bound to change with the passage of time, the impact of modern culture through the print and electronic media and value system, etc. What might be mental cruelty now might not be so with the passage of time and vice versa. There can never be any straitjacket formula in matrimonial matters.”
Mental cruelty, they said, “was a state of mind”; “the feeling of deep anguish, disappointment, frustration in one spouse caused by the conduct of the other for a long time might constitute mental cruelty. So would a sustained course of abusive and humiliating treatment calculated to torture or render miserable the life of the spouse, and sustained unjustifiable conduct and behaviour of one spouse actually affecting physical and mental health of the other”
““Unilateral decision of refusal to have intercourse for a considerable period without there being any physical incapacity or valid reason may amount to mental cruelty.” Writing the judgment, Justice Bhandari said if a man underwent sterilisation without medical reasons and without the consent or knowledge of his wife and similarly if a woman underwent tubectomy or abortion without medical reason or without the consent or knowledge of her husband, such an act might lead to mental cruelty.”
Here it is:SC Samar Ghosh (IAS) Judgment
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IPC 498A 
i know what is 498a kya khali yah kahne se ke paisa maga ,ghar ke 4 member esi gawahi de dete he to lower court saja de sakta hai ,jabki reprt 6 sal bad ki gaye ho,our ladki kewal 4 month he sasural rahi ho
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Sirs,
My sister Dr. Vijalakshmi, BSc, MBBS, MS(56) and her son Dr. Pravin Kumar BDS were arrested by All Woman Police Station, Tuticurin. The FIR was based on a false case of dowry. Later they got released on bail. The arrest was to satisfy my sister’s daughter-in-law.
We know that the facts are twisted.
How to come out of the problem.
Please answer soon.
Dr. S. Ravindran.
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hello sir,
now what your sister and son-in-law case status
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Hi,
My sister is a rehabilitated paranoid schizophrenic. Her husband abandoned her 3 years ago and snatched away her girl child and all her belongings.
He then gave false hope of patching up and during this time filed a court case for divorce against her.
He comes from a very influential family and even has influenced our advocates.
I would like to know as to what are the possibilities that we have of first getting her justice namely of getting her child back, second of getting her belongings back third of getting alamony ofr her and finally of getting him punished.
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dear friend,
I feel really sorry to hear all your story .I have gone through your comment today also. Be beliver and believe that you will definately get justice. Your case is fit case where accused would definately get punishment .If you need any help from my side ,feel free to write me.
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dear friend,
I feel really sorry to hear all your story .I have gone through your comment today also. Be beliver and believe that you will definately get justice. Your case is fit case where accused would definately get punishment .If you need any help from my side ,feel free to write me.
The like your which is prima facie,shows will easily attract attention of court and will punish accused .In addition to 498 A ,you can also take help of women protection act ,it will also serve your purpose.
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Chris,
You will not get help here. Men here are trying to defend other men who commit crime. They will not help you to punish him. Go to National Commission for Women.
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Foutainhead,
do you believe that an agency headed by a corrupt politician like Girija Vyas, will help any one?, regardless of the bonafides of the case? Keep dreaming.
Don’t you remember what the NCW did in the Nithari case?. Let me remind you. Nothing !
Your bitterness is showing in your rantings.
I feel that you may end up like the woman of My Anecdote – The Saga Of A 498A Woman.
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i feel very sad that i live in this third world country where u have to wait for 20 yrs to get divorce n settle down again in life…….i also got stuck in a bad marriage with a woman who was 12 yrs elder than me with kids.she kept generating all the evidence n i cud not prove my nullity case though lower court gave the nullity bt supreme court reversed the order.its been 12 yrs fighting with her.she is 50 and i am 36….i do not kno wot to do????she does not want to take divorce….wot to do????my life is spoiled…..whereas she is living happily with her kids from earlier husband and taking heavy maintenance from me…..
pl advice
rahul
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Dear Rahul, Indian law is such that you need to maintain your ‘wife’ always. Whether divorced or not! Getting divorce is never the legal solution for getting away from maintenance. Start looking for other options/solutions.
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