Cruelty

Cruelty is one of the grounds for divorce under the Hindu Marriage Act, 1955. According to the Supreme Court, cruelty is the conduct in relation to or in respect of matrimonial obligations that adversely affects the spouse. Such cruelty can be either mental or physical, intentional or unintentional. Cruelty can be established by various factors, such as physical violence, adultery, false accusation, mental torture, humiliation, restriction of freedom, etc. The concept of cruelty is subjective and depends on the facts and circumstances of each case. The court has to consider whether the conduct of one spouse is so grave and severe that it makes it impossible for the other spouse to live with him or her.

The current provisions dealing with cruelty in India are section 13(1) (ia) of the Hindu Marriage Act, 1955 and Section 498A of the Indian Penal Code, 1860. Section 13(1) (ia) provides that a marriage can be dissolved by a decree of divorce on the ground that the other party has treated the petitioner with cruelty after the solemnization of marriage. Section 498A defines cruelty as any wilful conduct by the husband or his relatives that causes grave injury or danger to the life, limb or health of the wife, or subjects her to harassment with a view to coerce her or her relatives to meet any unlawful demand for property or valuable security.

In this case, the Supreme Court held that cruelty has to be judged from the point of view of both parties and not merely from the subjective feelings of the petitioner. The court also observed that there is no standard formula to determine cruelty and each case has to be decided on its own merits.

In this case, the Supreme Court held that making false allegations of adultery against the spouse amounts to mental cruelty and is a valid ground for divorce.

In this case, the Supreme Court held that dowry demand and harassment by the husband and his relatives constitute cruelty and entitle the wife to seek divorce.

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