Under the Act, cruelty is recognized as a valid ground for divorce. Section 13(1)(ia) of the Act states that a marriage may be dissolved by a court if the petitioner can prove that the respondent (the spouse against whom the divorce is sought) has subjected the petitioner to cruelty.
Cruelty, in the context of divorce, refers to any conduct that causes mental or physical suffering to the petitioner, making it impossible for them to continue living with the respondent. It includes both physical acts of violence as well as mental and emotional abuse. Examples of cruelty can range from physical assaults and verbal abuse to constant humiliation, harassment, or neglect.
To file for divorce on grounds of cruelty, the woman would need to present evidence to substantiate her claims. This evidence may include medical records, photographs, witness testimonies, or any other relevant documentation that supports her allegations of cruelty.
After filing the divorce petition, the court will examine the evidence presented by both parties and determine whether the petitioner has successfully established the case of cruelty. If the court is satisfied with the evidence, it may grant a divorce decree, thereby dissolving the marriage.
It’s important to note that divorce laws can vary by jurisdiction, and the specific procedures and requirements may differ depending on the applicable laws in the respective region. It is advisable to consult with a qualified family law attorney or seek legal advice to understand the specific procedures and requirements in your jurisdiction.