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    Definition From Halsbury Laws of England

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    Karan Raj
    The definition of cruelty in marriage considers the entire marital relationship and the effect one spouse's conduct has on the other, rather than the specific nature of the acts. It is assessed on a case-by-case basis since what constitutes cruelty depends on the physical and mental condition of the parties, as well as their social status. When determining cruelty, courts examine the impact of one spouse's personality and conduct on the mind of the other, weighing all incidents and quarrels from that perspective.

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    Definition From Halsbury Laws of England

    Uploaded by

    Karan Raj
    136 views1 page
    The definition of cruelty in marriage considers the entire marital relationship and the effect one spouse's conduct has on the other, rather than the specific nature of the acts. It is assessed on a case-by-case basis since what constitutes cruelty depends on the physical and mental condition of the parties, as well as their social status. When determining cruelty, courts examine the impact of one spouse's personality and conduct on the mind of the other, weighing all incidents and quarrels from that perspective.

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    Definition from Halsbury Laws of England

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    The definition of cruelty in marriage considers the entire marital relationship and the effect one spouse's conduct has on the other, rather than the specific nature of the acts. It is assessed on a case-by-case basis since what constitutes cruelty depends on the physical and mental condition of the parties, as well as their social status. When determining cruelty, courts examine the impact of one spouse's personality and conduct on the mind of the other, weighing all incidents and quarrels from that perspective.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    136 views1 page

    Definition From Halsbury Laws of England

    Uploaded by

    Karan Raj
    The definition of cruelty in marriage considers the entire marital relationship and the effect one spouse's conduct has on the other, rather than the specific nature of the acts. It is assessed on a case-by-case basis since what constitutes cruelty depends on the physical and mental condition of the parties, as well as their social status. When determining cruelty, courts examine the impact of one spouse's personality and conduct on the mind of the other, weighing all incidents and quarrels from that perspective.

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    © All Rights Reserved
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    Definition from Halsbury Laws of England [Vol.

    13, 4th Edition Para 1269]

    The concept of cruelty has been dealt with .. as under;

    "The general rule in all cases of cruelty is that the entire matrimonial relationship must be
    considered, and that rule is of special value when the cruelty consists not of violent acts but of
    injurious reproaches, complaints, accusations or taunts. In cases where no violence is averred, it is
    undesirable to consider judicial pronouncements with a view to creating certain categories of acts or
    conduct as having or lacking the nature or quality which renders them capable or incapable in all
    circumstances of amounting to cruelty; for it is the effect of the conduct rather than its nature which
    is of paramount importance in assessing a complaint of cruelty. Whether one spouse has been guilty
    of cruelty to the other is essentially a question of fact and previously decided cases have little, if any,
    value. The court should bear in mind the physical and mental condition of the parties as well as their
    social status, and should consider the impact of the personality and conduct of one spouse on the
    mind of the other, weighing all incidents and quarrels between the spouses from that point of view;
    further, the conduct alleged must be examined in the light of the complainant's capacity for
    endurance and the extent to which that capacity is known to the other spouse".

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