Marital cruelty does not have defined limits: Calcutta HC

IANS, Kolkata, Nov 25, 2023 :  A Division Bench of the Calcutta High Court has observed that martial cruelty has no defined limits and the court hence can determine whether there had been cruelty or not on a case to case basis.

The observation by the Division Bench of Justice Soumen Sen and Justice Siddhartha Roy Chowdhury was part of an order which was passed a few days ago, a copy of which was uploaded on Saturday.

While passing the order on a divorce petition, the Division Bench observed that marital cruelty is not necessarily limited to physical cruelty and at times abusive behaviour or a pre-planned attempt to destroy the relationship also tantamounts to marital cruelty.

According to the Division Bench, mental abuse and not fulfilling the responsibility towards wife and children also amounts to marital cruelty.

It also observed that what is not martial cruelty for one individual might be an act of cruelty for another individual and hence the matter of marital cruelty has no defined limits.

The observation came in an order on a divorce petition. A lower court had earlier granted divorce on grounds of marital cruelty by the husband. The husband challenged the decision and the Division Bench too upheld the lower court’s order.