The denial of love and affection to a child by alienating the child from the other parent amounts to mental cruelty.

In Mat. Appeal No. 523/2019 decided on 18.05.2021 by Hon’ble Kerela High Court.

Facts of the case-
The marriage was solemnized between the parties on 27.12.2009 and only after a few weeks, marital disputes developed between them. In December, 2010 the appellant (husband) dropped the Respondent (wife) at her parent’s residence for delivery as per the local custom. When the Appellant and her mother tried to visit the Respondent at her residence, she insulted them and refused to meet them. Even on the date of delivery of their child, the Appellant was not permitted to see the child and was forcefully obstructed from entering the hospital and the Respondent even refused to send him the photo of the child. It was only after the intervention of District Legal Service Authority that the Appellant and his parents were able to meet the child. The Appellant also filed a petition for restitution of conjugal rights wherein a compromise agreement took place between the parties however, both the parties did not adhere to the terms of the mediation. Thereafter, on failure of the compromise settlement, the Appellant filed a divorce petition on the ground of mental cruelty.
The trial court noted that all the allegations of cruelty raised by the Appellant till the date of filing the compromise petition were actually condoned by him and decided that the Appellant was therefore, not entitled to get a decree for divorce on the ground of cruelty and original petition was dismissed.

Observation of the High Court-
The Court noted that it is a settled law that physical violence is not absolutely essential to constitute cruelty, as well mere bickering, coldness, austerity of temper, petulance of manner, rudeness of language, lack of affection, trivial irritations, quarrels, or normal wear and tear of the married life which happens in day to day life cannot amount to cruelty. What constitutes cruelty is-
1. The conduct complained of must be something more serious than “ordinary wear and tear of the married life”.
2. It is sufficient if the conduct and behaviour of one spouse towards the other is of such a nature that it causes reasonable apprehension in the mind of the latter that it is not safe for him or her to continue the marital tie.
3. The feeling of deep anguish, disappointment, frustration and embarrassment in one spouse caused by the sustained course of abusive and humiliating conduct of other may sometimes lead to mental cruelty.
4. Mental cruelty may also consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party.
5. Malevolent intention is not essential to cruelty, if by ordinary sense in human affairs, the act complained of could otherwise be regarded as cruelty.
Another facet of cruelty is Parental alienation which is described as a process through which a child becomes estranged from a parent as the result of the psychological manipulation of another parent. It is a strategy whereby one parent intentionally displays to the child unjustified negativity aimed at the other parent for the purpose of damaging the child’s relationship with the other parent.
The Court noted that “A child has right to the love and affection of both parents. Similarly, the parents have the right to receive the love and affection of the child. Any act on the part of the one parent calculated to deny the love and affection of the child to the other parent by alienating the child from him/her amounts to mental cruelty.”
The Hon’ble High Court held that the Appellant has made out a case for granting a decree for dissolution of marriage on the ground of cruelty u/s 13(1)(a) of the Act.