DIVORCE BY MUTUAL CONSENT

Hindu Marriage (Amendment) Act 1976 added another section 13A to

Hindu Marriage Act 1955 to provide mutual consent as a ground for
divorce. According to it both the parties to the marriage can jointly present
an application for divorce on the ground of mutual consent in the situations
mentioned below :-
a) When husband & wife had been living separately for a period of more
than one year.
b) They are incapable of living together.
c) They have accepted divorce by mutual consent.
Definition of Cruelty:- Cruelty has not been universally defined till now. It depends upon
the circumstances of the case and the country and time. Russel v/s Russel, 1897 Cruelty has
been described as such characterial behaviour or conduct which may put life and body
under physical or mental form of danger or may arise apprehension of such danger.

If the definition is understood in matrimonial context, it shall show that any party to
marriage may behave with other party in such manner that it shall be difficult for other
party to live with him, this shall be cruelty.

Vinod Biswal v/s Tikli Urf Padmini Biswal, 2002 it has been held that husband along with
his parents use to regularly beat the wife. Father-in-law physically misconducted with her.
Husband never went to bring back wife nor made any attempt towards it. Court held this
behaviour of husband to be cruelty because such circumstances arose that it became
difficult for wife to live with the husband.

There are several cases of cruelty. Actually the definition of cruelty depends upon the
circumstances of the case.
Types of Cruelty:-
a. Physical Cruelty.
b. Mental Cruelty.

Kusum v/s Kamata, 1965, it was said that the definition of cruelty is so wide that it includes
both physical and mental type of cruelty.

Praveen Mehta v/s Indrajeet Mehta, 2002, the Supreme Court said that Mental Cruelty is a
state of mind and feelings. In this case, wife refused intercourse form the first day after
marriage. She also refused to undergo medical examination. She used to misbehave always
with her husband. She also left her matrimonial home. Court held it to be cruelty by wife
towards husband.

Rakesh Sharma v/s Surbhi Sharma, 2002 - Wife left the matrimonial home without the
permission of the husband. She used to charge husband with adultery and making constant
demand of dowry. Court held it to be a conduct of mental cruelty towards husband.

In all, it means that cruelty is determined by the facts and circumstances of every matter.