Navodit Mishra Vs Smt. Richa Mishra , as on 25 Feb 2022, Chhattisgarh HC

You are currently viewing Navodit Mishra Vs Smt. Richa Mishra , as on 25 Feb 2022, Chhattisgarh HC
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  • Post last modified:March 3, 2022

It is apparent that from August, 2010 there was no relationship as husband and wife between two, which is sufficient to draw an inference that there was no physical relationship between them. Physical relationship between husband and wife is one of the important part for healthy married life. Denial of physical 20 relationship to a spouse by other amounts to cruelty. Hence, we are of the view that appellant was treated with cruelty by respondent wife.

16. In case of Jayachandra v. Aneel Kaur reported in (2005) 2 SCC 22 Hon’ble Supreme has held that mental cruelty is a state of mind and feeling with one of spouses due to behaviour or behaviour pattern by other. Unlike the case of physical cruelty, mental cruelty is difficult to establish by direct evidence. It is necessarily a matter of inference to be drawn from the facts and circumstances of case. The inference has to be drawn from attending facts and circumstances taken cumulatively.

18. In Samar Ghosh’ case (supra) Hon’ble Supreme Court has further held that cruelty in one case may not amount to cruelty in another case and may depend upon social status, customs, tradition, religious belief, human values and value system. In case of Vidhya Viswanathan’s case (supra) Hon’ble Supreme Court held that not allowing a spouse to establish physical relationship for a long time amounts to mental cruelty to other spouse.

21. Aforementioned rulings of Hon’ble Supreme Court indicate what is mental cruelty and what would be consideration to accept the plea of mental cruelty. Mental cruelty and its effect cannot be calculated in arithmetical manner, it varies from individual to individual; society to society and also from status of person. Agonised feeling or for that matter of sense of disappointment can take place by certain acts causing a grievous dent at mental level. Inference has to be drawn from the attending circumstances.

There was no cohabitation between appellant and respondent for continuous long period; acts and conduct of respondent amount to treating appellant with cruelty. Hence made prayer for grant of decree of divorce.

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