Routine disagreements not mental cruelty: HC; rejects man's divorce plea
The court also said that cruelty in a marriage cannot be determined by a few isolated instances and the entire married life should be assessed as a whole
The Bombay High Court, comprising Justices Urmila Joshi Phalke and Raj Wakode, has ruled that mere disagreements and normal disputes in a marriage do not qualify as mental cruelty, rejecting a man's divorce plea. The court emphasized that cruelty must be severe enough to make cohabitation unreasonable, considering the entire marriage, not isolated incidents.
The court highlighted that changing societal dynamics and individual circumstances can influence perceptions of cruelty, which varies based on factors such as economic, social, cultural, and personal values. The court dismissed a petition filed by a 44-year-old man who claimed his wife subjected him and his parents to mental cruelty, despite her stating she had returned to her husband's home but was refused cohabitation.
The allegations included the wife being short-tempered, frequently quarreling with his mother over minor issues, and being blamed for infertility.
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