What are the grounds for getting a divorce on cruelty?

Cruelty as a ground for divorce covers both physical and mental cruelty, and it is one of the most commonly used grounds in contested divorces. The conduct must be serious enough that it becomes unreasonable to expect the couple to continue living together.

Key points

• Physical cruelty includes violence, assault, or any bodily harm inflicted by the spouse.
• Mental cruelty includes sustained humiliation, false allegations, desertion-like conduct, denial of conjugal relationship, or persistent harassment.
• A single grave incident or a pattern of behaviour over time can both amount to cruelty.
• Making false criminal complaints against a spouse has been recognised by courts as mental cruelty.
• The standard is judged on the specific facts — what amounts to cruelty in one marriage may not in another.

Relevant law

For Hindus, cruelty is a ground for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955. Couples under civil law rely on Section 27 of the Special Marriage Act, 1954. Courts have interpreted cruelty broadly through numerous Supreme Court judgments, including Samar Ghosh v. Jaya Ghosh (2007), which listed illustrative instances of mental cruelty.

What you can do

• Document incidents of cruelty with dates, medical records, messages, or witness details.
• File a contested divorce petition citing cruelty before the Family Court in Coimbatore.
• Preserve any evidence of false complaints, threats, or harassment.
• Consult a family law advocate in Coimbatore to build and present your case effectively.