Divorce--Mental Cruelty--Continued Cohabitation Under Duress Does Not Amount to Condonation Under Hindu Marriage Act, 1955
Continued cohabitation does not amount to condonation of cruelty under the Hindu Marriage Act, 1955. A spouse who stays in the matrimonial home due to economic dependence, fear, social stigma, or absence of alternatives cannot be treated as having consented to or condoned the cruelty suffered. Mental cruelty encompasses sustained emotional isolation and psychological pressure, not merely physical acts. Departure from the matrimonial home under such conditions constitutes separation due to irreconcilable differences, not voluntary desertion. Invocation of legal remedies such as maintenance proceedings during subsisting cohabitation reflects a defensive response to denial of basic rights, and cannot be construed as willful marital misconduct.
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