Can I Get a Divorce on the Ground of Cruelty?

Yes. Cruelty is one of the recognized grounds for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955. It may be physical or mental and the court examines the facts of each case before deciding whether the conduct is serious enough to dissolve the marriage.

Physical cruelty includes acts of violence or physical abuse, while mental cruelty may include repeated humiliation, emotional abuse, false allegations, constant insults, threats, or any behaviour that makes it unreasonable for a spouse to continue living together in the marriage. Since every relationship is different, there is no fixed definition of cruelty, and courts assess each case based upon its own circumstances.

In Samar Ghosh v. Jaya Ghosh (2007), the Supreme Court observed that mental cruelty cannot be defined through a rigid formula and must be determined by considering the overall facts and circumstances of the marriage.