By S&S Co. Advocates & Solicitors · Published 12 June 2026 · Informational content, not legal advice
About this article: A general explainer prepared by S&S Co. Advocates & Solicitors on a recurring type of dispute. It does not report a specific judgment or order, names no parties and gives no case citation, so it should not be cited as authority. Law and practice change; please verify against the current statute and primary sources before relying on it.
Cruelty is a ground for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The Act does not define it, and courts have held that it includes mental cruelty, meaning conduct that causes such mental pain and suffering that it is not reasonable to expect the other spouse to live with the person.
A spouse is entitled to take lawful recourse against genuine grievances, including by lodging a criminal complaint, and a complaint that fails is not for that reason cruel. Courts have, however, accepted that a pattern of serious allegations that are found to be false or unsubstantiated, and that cause humiliation and distress to the other spouse and the family, can amount to mental cruelty. The test is the whole course of conduct and the evidence in the case, including the outcome of the complaints, and not an isolated incident.
A decree of divorce is separate from questions of maintenance and permanent alimony, which are decided on their own facts. The same conduct may also be raised in other proceedings.
Key Points
- Cruelty under Section 13(1)(ia) includes mental cruelty and is judged on the whole course of conduct.
- A complaint that fails is not by itself cruelty, and a bona fide complaint is protected.
- Keep the records and outcomes of any complaints, since they are the evidence.