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1. INTRODUCTION
   In India, marriage is not just a legal contract but also a social and spiritual bond based on mutual responsibilities, companionship, and shared living. Legal precedents show that the heart of marriage is the consortium—meaning the joint life and duties that partners take on together. When one spouse pulls away from these duties, especially in a way that causes mental pain or lowers the dignity of the other, the issue of cruelty comes into play. Recently, courts have considered whether a husband’s lack of interest in family life and his insistence on persuading his wife to follow a spiritual or ascetic way of living can be seen as matrimonial cruelty.
2. THE STANDARD OF CRUELTY IN LAW
   Under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, cruelty includes both physical and mental harm.
   It is important to note that cruelty isn’t only about violence, but also about emotional or psychological harm that comes from ignoring companionship, denying affection, or actions that make the marriage feel meaningless.
3. HUSBAND’S ISOLATION FROM FAMILY LIFE AS CRUELTY
   In Indian marriage law, family life is not just about having children or sharing financial duties.
   It also includes emotional support, shared responsibilities, and meeting each other’s expectations. When a husband shows a continual lack of interest in household duties, shows no regard for his wife’s emotional needs, and ignores social and family responsibilities, it can be considered cruelty. The Court held that actions that destroy the essence of marriage are considered mental cruelty. If a husband refuses to engage in marital life and distances himself from the family, the wife is deprived of the companionship that is central to a marriage.
4. FORCING SPIRITUAL OR ASCETIC PRACTICES AS A FORM OF MENTAL CRUELTY
   The right to believe in and follow one’s own faith is a matter of personal freedom. Forcing a spouse to adopt a spiritual or ascetic lifestyle against her wishes undermines her individuality, freedom, and ability to make her own choices. The Supreme Court stressed the need for mutual respect in a marriage. When one spouse forces religious or spiritual practices onto the other, it is a violation of her constitutional rights under Articles 19 and 21. Such pressure not only isolates the wife from her own desires but also causes mental stress, which is considered cruelty under marital laws.
5. JUDICIAL RECOGNITION OF INDIVIDUAL AUTONOMY IN MARRIAGE
   Courts have increasingly acknowledged that individual autonomy and respect are essential for a harmonious marriage.
   In Joseph Shine v. Union of India, (2019) 3 S.C.C. 39, while removing the criminal aspect of adultery, the Court stated that marriage does not take away an individual’s freedom. By analogy, if a wife is forced to give up worldly matters for an unwanted spiritual path, it violates her autonomy and is not in line with the principles of marital law.
6. IMPACT ON MATRIMONIAL LAW
   Acknowledging disinterest in family life and compelling ascetic practices as forms of cruelty has wider implications.
   First, it shows that the concept of cruelty is evolving and adapts to modern marital situations. Second, it reinforces the principle that marriage is based on equality and mutual respect, where neither spouse can dominate or make unilateral decisions. Lastly, it shows that the psychological well-being and personal dignity of both spouses are important parts of marriage, and any harm to these aspects may lead to legal action.
7. CONCLUSION
   The interpretation of cruelty by the courts has expanded beyond physical abuse to include more subtle forms of emotional and psychological harm.
   A husband’s refusal to engage in family life and his insistence on pushing his wife towards a spiritual path attacks the core of marital life. This behavior not only affects the wife’s freedom but also constitutes cruelty under the law. By recognizing these forms of cruelty, Indian courts are affirming that marriage should be based on companionship, respect, and mutual fulfilment rather than control or one-sided expectations.This article has been researched and written by Advocate Aarun Chanda, who practices divorce law in Mumbai and Pune. Readers are encouraged to seek the guidance of a qualified lawyer/advocate who specializes in divorce cases for professional legal assistance.

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