Cruelty
“People speak sometimes about the “bestial” cruelty of man, but that is terribly unjust and offensive to beasts, no animal could ever be so cruel as a man, so artfully, so artistically cruel.”
― Fyodor Dostoyevsky
Introduction
It has long been assumed that cruelty is the only type of physical or psychological torment. Cruelty is one of the primary causes of divorce in all religions. The Supreme Court of the United States has frequently defined cruelty.
“Cruelty is defined as behaviour that causes another person to suffer, pain, or harm. This can include physical, emotional, or neglect abuse. It can also refer to causing animals harm or suffering. Cruelty can manifest itself in a variety of ways and be perpetrated by individuals or groups. It can be deliberate or unintentional, and it can be motivated by a variety of factors such as hatred, anger, or a desire for power or control. Cruelty can have serious and long-term consequences for the victim’s well-being and mental health.”
What are the MAIN elements of cruelty?
Hon’ble Supreme Court has defined and clarified the meaning of “Cruelty” in several judgments. There are two types of cruelty.
- Physical, i.e., violent conduct causing pain to the spouse;
- Mental cruelty, which makes it impossible to reasonably expect one’s spouse to put up with the conduct complained of and live with the other;
Can Husband Get Divorce on Grounds of Cruelty?
Because “cruelty” is legally defined, it would be useful to refer to judicial pronouncements that have discussed the concept in the context of granting divorce to resentful spouses.
The Supreme Court’s case law is instructive in this regard. In Shobha Rani v Madhukar Reddi (1988), the wife alleged that the husband and his parents demanded dowry. In its ruling, the apex court emphasized that “cruelty” can have no fixed definition.
“new dimension has been given to the concept of cruelty. Explanation to Section 498A of the Indian Penal Code provides that any willful conduct which is of such a nature as is likely to drive a woman to commit suicide or likely to cause grave injury or danger to life, limb or health (whether mental or physical of the woman), and harassment of the woman with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security would constitute cruelty”
Also Read: Difference Between Legal Separation Vs Divorce?
What does Honble Supreme Court Says on Cruelty?
Cruelty, as defined by the Supreme Court, is “behaviour related to or in regard to matrimonial behaviour in regard to spousal obligations.” It is the partner who suffers as a result of the behaviour. Such cruelty, whether intentional or unintentional, can be “mental” or “physical.” Intention is not required for cruelty, but it may be present in situations such as accidentally waking your spouse up in the middle of the night. Physical cruelty is clearer and less ambiguous
Both parties in a matrimonial relationship have responsibilities and obligations to look out for one another, but it is also possible for one party to act in a way that harms the other. Whether intentional or not, cruelty can be either mental or physical. If physical evidence is presented, the court will have little difficulty reaching a decision. It is a matter of fact and ferocity. If it is mental, the investigation must begin with the type of cruel treatment and its psychological effects, including whether there was a reasonable fear that living with the other person would be detrimental or damaging.
Finally, the conclusion must be reached by taking into account the nature of the behaviour and how it has affected the complaining spouse. However, there may be cases where the alleged behaviour is so offensive that it qualifies as illegal or unlawful on its own. The impact or negative effect on the other spouse is not then required to be investigated or considered. Cruelty if the act itself is confirmed by evidence or admission.
If not admitted, the matrimonial conduct that constitutes cruelty as a divorce on the ground of cruelty but must be proven on the preponderance of probabilities, as in civil cases, rather than beyond a reasonable doubt, as in criminal cases.
It is established law that there cannot be a full description of what constitutes mental cruelty due to the tremendous complexity of the human mind and conduct. According to one’s upbringing, level of sensitivity, educational background, family and cultural background, financial situation, social standing, conventions, traditions, religious views, human values, and the value system of the parties, the concept of cruelty varies from person to person. However, the courts have developed some guidelines to decide what constitutes
What Constitutes Cruelty in a Marriage?
Due to the enormous complexity of the human mind and behaviour, it is established law that there cannot be a complete description of what constitutes mental cruelty. The concept of cruelty varies depending on one’s upbringing, level of sensitivity, educational background, family and cultural background, financial situation, social standing, conventions, traditions, religious views, human values, and the value system of the parties. However, the courts have established some guidelines for determining what constitutes
Having said by the Apex Court that “No uniform standard can ever be laid down for guidance, yet we deem it appropriate to enumerate some instances of human behavior which may be relevant in dealing with the cases of ‘mental cruelty’. The instances indicated in the succeeding paragraphs are only illustrative and not exhaustive.”
(i) On consideration of complete matrimonial life of the parties, acute mental pain, agony and suffering as would not make possible for the parties to live with each other could come within the broad parameters of mental cruelty.
(ii) On comprehensive appraisal of the entire matrimonial life of the parties, it becomes abundantly clear that situation is such that the wronged party cannot reasonably be asked to put up with such conduct and continue to live with other party.
(iii) Mere coldness or lack of affection cannot amount to cruelty, frequent rudeness of language, petulance of manner, indifference and neglect may reach such a degree that it makes the married life for the other spouse absolutely intolerable.
(iv) Mental cruelty is a state of mind. The feeling of deep anguish, disappointment, frustration in one spouse caused by the conduct of other for a long time may lead to mental cruelty.
(v) A sustained course of abusive and humiliating treatment calculated to torture, discommode or render miserable life of the spouse.
(vi) Sustained unjustifiable conduct and behavior of one spouse actually affecting physical and mental health of the other spouse. The treatment complained of and the resultant danger or apprehension must be very grave, substantial and weighty.
(vii) Sustained reprehensible conduct, studied neglect, indifference or total departure from the normal standard of conjugal kindness causing injury to mental health or deriving sadistic pleasure can also amount to mental cruelty.
(viii) The conduct must be much more than jealousy, selfishness, possessiveness, which causes unhappiness and dissatisfaction and emotional upset may not be a ground for grant of divorce on the ground of mental cruelty.
(ix) Mere trivial irritations, quarrels, normal wear and tear of the married life which happens in day to day life would not be adequate for grant of divorce on the ground of cruelty (Mental).
(x) The married life should be reviewed as a whole and a few isolated instances over a period of years will not amount to cruelty. The ill-conduct must be persistent for a fairly lengthy period, where the relationship has deteriorated to an extent that because of the acts and behavior of a spouse, the wronged party finds it extremely difficult to live with the other party any longer, may amount to mental cruelty.
(xi) If a husband submits himself for an operation of sterilization without medical reasons and without the consent or knowledge of his wife and similarly if the wife undergoes vasectomy or abortion without medical reason or without the consent or knowledge of her husband, such an act of the spouse may lead to mental cruelty.
(xii) Unilateral decision of refusal to have intercourse for considerable period without there being any physical incapacity or valid reason may amount to mental cruelty.
(xiii) Unilateral decision of either husband or wife after marriage not to have child from the marriage may amount to cruelty.
(xiv) Where there has been a long period of continuous separation, it may fairly be concluded that the matrimonial bond is beyond repair. The marriage becomes a fiction though supported by a legal tie. By refusing to sever that tie, the law in such cases, does not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties. In such like situations, it may lead to mental cruelty.
The Courts take the approach of considering the parties’ entire matrimonial life and then determining whether it is impossible for the parties to live together within the broad parameters of cruelty. Cruelty occurs when coldness or lack of affection, indifference, and neglect reach a level that makes the married life of the other spouse absolutely intolerable. Total deviation from the normal standard of conjugal kindness causes mental harm to the other partner.
Even wife trying to prolong the litigation filed under Hindu Marriage Act, 1955 shall be considered cruelty U/s 13 of the act and Hon’ble High Court stated rightly in one of the judgements :-
“Wife given enough opportunities and found intentionally trying to prolong litigation by avoiding to appear in Court- Husband entitle to decree of divorce”
Read moreHindu Marriage Act 1955 -Read Complete Bare Act- Click here
FAQ
Can Husband Get Divorce on Ground of Cruelty?
Yes, In India, a husband may file for divorce based on cruelty. Cruelty is one of the grounds for divorce under the Hindu Marriage Act of 1955. To obtain a divorce on the basis of cruelty, the husband must be able to demonstrate that his wife has been cruel to him. Abuse can be physical, mental, or emotional. If the court determines that the husband has been subjected to cruelty by his wife, the divorce may be granted.
Does Hindu Marriage Act Acknoledges Cruelty the Ground of Divroce?
Cruelty is defined in the Hindu Marriage Act of 1955 U/s 13 (1ia) as any conduct that gives the petitioner “reasonable apprehension” that living with the respondent will be harmful or injurious. Abuse can be physical, mental, or emotional. It is up to the court to decide whether the respondent’s behaviour is cruel, and this will be based on the facts and circumstances of the case. To obtain a divorce on the basis of cruelty, the petitioner must be able to demonstrate that he or she has been subjected to cruelty at the hands of the respondent. If the court determines that the respondent has been cruel to the petitioner, the Hon’ble Court may grant the Divorce.
How to Prove Mental Cruelty by Wife or Husband?
Proving mental cruelty in a divorce case can be difficult because it frequently requires demonstrating the intangible consequences of the respondent’s behaviour on the petitioner. Here are some things a petitioner may try to prove in a divorce case to prove mental cruelty:
1. Obtain documentation of the respondent’s abusive behaviour, such as witness statements, emails, text messages, and social media posts.
2. Document the petitioner’s reaction to the respondent’s behaviour, including any physical or emotional symptoms that have arisen as a result.
3. Seek the testimony of a mental health professional who can provide an expert opinion on the petitioner’s reactions to the respondent’s behaviour. If applicable, provide evidence of the respondent’s pattern of abusive behaviour.
How can Husband Prove Curelty by Wife?
Proving mental cruelty by a wife in a divorce case can be difficult because it is subjective and depends on the facts and circumstances of the case. The following factors may be considered by the court when determining whether mental cruelty has occurred:
- Repeated insults or belittling of the husband
- Constant criticism or complaints about the husband’s conduct or behavior
- Withholding of affection or emotional support
- Isolating the husband from family and friends
- Making false allegations or accusations against the husband
The husband may need to provide evidence of his wife’s behaviour, such as witness testimony, emails, text messages, or other forms of communication, to prove mental cruelty. Medical records or testimony from a therapist or counsellor may also be useful in demonstrating the impact of the wife’s behaviour on the husband. The court will ultimately decide whether the wife’s behaviour constitutes mental cruelty and whether a divorce should be granted on these grounds.
Conclusion
Taking into account Indian culture, it is an unspoken rule or guideline of the Apex Court that the first step a court takes when dealing with a matrimonial case is to investigate the possibility of reconciliation and determine whether the marriage can be salvaged. As a result, various procedures have been put in place, including a 6-month cooling period, court-ordered mediation, and police mediation made mandatory prior to filing the F.I.R. (First Information Report). If reconciliation is not possible, the alleged harsh behaviour must be investigated to determine whether it is habitual or the result of a grievance that can be addressed in order to save the marriage.
Consider whether the allegedly cruel behaviour is such that the wronged person cannot reasonably be expected to put up with it, rather than whether the behaviour causes one spouse to be reasonably afraid of the consequences of living with the other.
Disclaimer
The views expressed in the blogs are purely the authors’ own, and they are not intended to offend anyone or to be prejudicial toward or against any individual, group of individuals, society, sex, gender, race, creed, nation, or religion, or any other term that is even remotely and closely connected. Legal-Varta is a platform for disseminating knowledge so that everyone can comprehend the legal system better. In order to avoid any misrepresentation and since it is even not advisable to do so, only content that is directly related to the Law and Statute is included in the articles. If any misrepresentation is discovered, however, we are willing to amend it because it is only for everyone’s advantage.
Ref:
- Hon’ble Apex Court reported in (2007)4 SCC 511 (Samar Ghosh Vs. Jaya Ghoush).
- 2019(4) RCR (Civil) Punjab-Haryana High Court, Vibhore Singh Gautam vs Deepika on 29 August, 2019