Cruelty if condoned by other spouse, cannot be made ground later

N.G. Dastane vs. S. Dastane (19.03.2026 - SC) : MANU/SC/0330/1975

Case Note:

Family - cruelty - Sections 100, 100 (1) and 103 of CPC, 1908 and Section 3 of Indian Evidence Act - appeal for annulment of marriage or alternatively for judicial separation on ground of cruelty - Court found that respondent was guilty of cruelty but appellant condoned it and subsequent conduct of respondent was not such as to amount to a revival of original cause of action - appeal dismissed.

Mental Apprehension of Physical Harm is also cruelty.