Unilateral Decision of Wife not to have Child is Cruelty to Husband | Criminal Law Attorney in Delhi NCR | Criminal Lawyer in Delhi NCR |

The Hon’ble Supreme Court of India in the present case held that the term ‘cruelty’ as defined in various cases is not exhaustive. It is only illustrative. In this case the Supreme Court enumerated various events of cruelty. The concept of mental cruelty cannot remain static and in the present case unilateral declaration to not have a child after marriage without providing with any reasons by the respondent wife is one of those enumerated examples of mental cruelty. It was held in the case that the appellant had been subjected to mental cruelty by the wife and the decision of the High Court to set aside the decree of divorce granted by the Trial Court was wrong.