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Constantly insulting the other spouse and humiliating him in presence of others does amount to cruelty.

Requiring the other spouse to live beyond his means in order to enable the matrimonial life to continue and not desisting from extravagances though requested by other spouse can as well amount to cruelty in certain circumstances. Matrimonial life is for homogeneity and companionship. In the course of the same fortunes and limitations of each other have to be shared. To pester the other spouse to live beyond mean and invite indebtedness can hardly to considered as conducive to congenial married life. Persistency in this regard can be termed as lacking in feelings for the welfare, happiness and security of the other spouse. Callous attitude in this behalf can amount to cruelty. In the case of any love marriage, the expectations of the spouses are very high from each other. Usually such expectations are not met due to practical aspects and as such the same results in repeated heated arguments between the parties. However, it is always better and advisable to sort out differences by reasoning out said in a cordial manner and with the good wishes and intervention of close friends or family members. It is never advisable to seek divorce in the heat of the moment and repent the same later when the temper have cooled down and one is living separately. The issues leading to heated arguments are generally very small and one can realize this once things are looked at in the broad spectrum. In any case, legally speaking the normal wear and tear in marriage life and the normal quarrels do not entitle either of the spouse to seek divorce against the other. It is only if the cruelty (mental) has reached such a level as to cause reasonable apprehension in the mind of one of the spouses that the same would be injurious for him/her to live with the other, can one seek divorce on the ground of cruelty. If both the parties very strongly feel that is not possible to live together despite all efforts made in this regard , then it is appropriate that divorce be obtained by mutual consent . The conditions for the same are that the spouses should not be living together for at least one year before the presentation of the divorce petition for mutual consent and it is no longer possible for the spouses to live together any longer. In such eventuality the petition has to be presented which is adjourned for a period of six months, after recording the statement of the parties whereafter the parties have to again file a second motion confirming the mutual consent earlier given. This period of 6 months can also be waived under circumstances by the courts. After the second motion has been made and the divorce by mutual consent has been confirmed by the both parties, the divorce decree is granted to the parties. We regret that as a matter of principle we can not suggest you any lawyer for the purpose of filing a divorce petition or otherwise. We still suggest you to take the help of close friends or family member in resorting the matter before resorting to the extreme step of seeking divorce.

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