For the purposes of this case, I think I have sufficiently summarized the evidence that was adduced at trial with respect to the whole married relationship bearing on the issue of cruelty. Applying the principles of law set out in Zunti v. Zunti, supra, I have no hesitation in concluding that the petitioner has not made out a case on a balance of probabilities that the respondent treated him with such physical or mental cruelty as to make continued cohabitation intolerable. The particulars of cruelty alleged by the petitioner in his petition are not borne out by the evidence and, even if they were, they constitute, in my humble opinion, mere manifestations of incompatibilities between the parties. These incompatibilities, in my humble opinion, arose mainly from the difference of opinion that existed between them on the subject of religion and the financial operation of the household. It is accepted that the test of cruelty is largely a subjective one and the question is whether the conduct by this woman to this man is cruelty. However, this does not mean it is for the petitioner to set the standards of cruelty alone. It is still for the court to say whether or not that conduct by that woman was cruelty, in a sense recognized by the law, to that man.
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