Indian Journal for Research in Law and Management

Advancing Law and Management

ISSN No. : 2583-9896

"When Silence Hurts : Can Emotional Neglect Constitute Mental Cruelty Under Indian Matrimonial Law?"

Cite this Article

Harsimran Kaur (2026). "When Silence Hurts : Can Emotional Neglect Constitute Mental Cruelty Under Indian Matrimonial Law?". The Indian Journal for Research in Law and Management, Volume III(Issue 11). Retrieved from https://ijrlm.com/journal/when-silence-hurts-can-emotional-neglect-constitute-mental-cruelty-under-indian-matrimonial-law/

Abstract

This blog examines whether prolonged emotional neglect can amount to mental cruelty under Indian matrimonial law. It explains the distinction between ordinary marital disagreements and conduct that causes serious emotional suffering, loneliness, rejection, or makes continued matrimonial life unreasonable. The blog considers the statutory framework governing mental cruelty and the approach of Indian courts in assessing cruelty from the cumulative circumstances of a marriage. It highlights factors such as duration, intensity, intention, impact on the spouse, and the overall conduct of the parties. The blog argues that emotional neglect should not be treated as cruelty merely because affection or companionship is absent, but persistent and serious neglect may constitute mental cruelty where it causes substantial mental suffering and makes continuation of the marriage impracticable. The study therefore emphasizes a balanced, fact-sensitive judicial approach that protects individual dignity while avoiding the conversion of ordinary marital incompatibility into a legal ground for matrimonial relief.

Journal Information

The Indian Journal for Research in Law and Management
ISSN No.
2583-9896
Submit Manuscript
Licensing
All research articles published in The Indian Journal for Research in Law and Management are fully open-access. i.e. immediately freely available to read, download, and share. Articles are published under the terms of a Creative Commons license, which permits use, distribution, and reproduction in any medium, provided the original work is properly cited.
Disclaimer
The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJRLM or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJRLM.

Article Analytics

12
Page Views
0
Downloads