Marriage between two persons presupposes cohabitation on harmonious relationship arising out of mutual respect and understanding between the husband and the wife .
But, when either spouse starts behaving irrationally which is expressed by reactions disproportionate to perceived provocations, it causes a reasonable apprehension in the mind of the other spouse that it is difficult to live peacefully.
The expression “cruelty” has not been defined in any Act though Cruelty of either spouse is one of the most common cause of matrimonial dispute and indicative of a breakdown of marriage . Cruelty is an inhuman treatment and it is an act that causes mental sufferings and endangers to the life and health of the other. Concept of ‘cruelty’ prohibits selfish brutality or disregard for the health, needs ,desires and feeling of the other by either espouse. The concept of cruelty differs from person to person depending upon his upbringing ,level of sensitivity, educational, family and cultural background, financial and social status, customs, traditions, religious belief and human values and their value system. Cruelty is a broad term and encompasses physical and mental cruelty. There can never be any straitjacket formula or fixed parameters for determining cruelty in matrimonial matters.
Perpetuator Of Cruelty :
It is a general notion that in matrimonial disputes the perpetuator of cruelty is always to be husband being the strongest one and the subject is always the fairer sex i.e., wife. Earlier , the cruelty to be a ground for matrimonial dispute was considered to be only physical cruelty. The mental cruelty by the wife was recognized for the first time in landmark judgment in the case In re Dr. N.G. Dastane V Mrs S.Dastane ,(1975) 2SCC 326. Thus, Men need to be protected from the inevitable presumption against them that it is the man who must have been the aggressor. Freedoms of education, job opportunities, economic independence and social attitude have brought tremendous change in the status of women. The balance of scale has tilted reversely in favour of women.
What amounts to cruelty against husband? Though it is the duty of the court to decide the case based on facts and circumstances but what amounts to cruelty is an important aspect as misuse of Laws by the wife against husband in society is growing day by day and most apparently some Indian Urban educated women have turned the tables and are using these laws as weapon to unleash personal vendetta on their husbands and innocent relatives and there are certain grounds on which cruelty against husband can be proved:-
·Nagging and scolding.
·False accusations of adultery or unchastity
·False allegations of insanity or impotency.
·False complaints to the employer.
·Wife quarrelling with mother-in-law.
·Wife pressurising the husband to separate from his parents and to have separate residence.
·Persistent and wilful refusal to have marital intercourse without any sufficient reason.
·Refusal to have children.
·False persecution in criminal charges .
·Misuse of Dowry Laws, Domestic Violence Act and ‘Sec: 498-A’ of IPC by wife against husband and in-laws of husband through lodging false complaints.
·Lowering reputation of the husband by using derogatory words in presence of family members / elders / office staff members.
·Threatening to leave husband and Threat to commit suicide.
·wife tearing the shirt of the husband, refusing to cook food properly or on time and breaking of the mangalsutra in the presence of husband’s relatives.•
BURDEN OF PROOF
In a petition for divorce on the ground of cruelty, it is incumbent on the part of the petitioner to narrate precise acts and conducts of cruelty made out against the respondent and party who is filing a case must prove that living between husband and wife became impossible .The burden of proof is on the petitioner and the court has to be “satisfied on a preponderance of Probabilities” and not “satisfied beyond reasonable doubt”.
Intention to be cruel is no longer considered an essential element of cruelty. It may be subtle or brutal . It may be by words , gestures ,or by mere silence; it may be by acts or omission. Any conduct of one spouse which causes disgrace to the other spouse or subjects him or her to a course of annoyance and indignity amounts to legal cruelty.
LEGAL REMEDY AVAILABLE :
(a) To Husband : Can institute a Divorce petition under Section 13(1) (ia) of Hindu Marriage Act.
(b) To Wife : (i) Can institute a Divorce petition under Section 13(1) (ia) of Hindu Marriage Act.
(ii) Can file a complaint under Domestic Violence Act,2005
(iii) Can file a complaint under section 498-A I.P.C.
However, Cruelty has to be distinguished from the normal wear and tear of marriage. Quarrels between the spouses on trivial matters does not amount to cruelty.
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Disclaimer: These articles are providing only general information regarding Indian Laws and should not be construed as legal advice on any subject matter. Please speak to an Advocate to discuss your specific case.
