Cruelty’ as a Ground for Divorce under Hindu Marriage Act.

The Hindu Marriage Act of 1955, which governs the law relating to Indian marriages between Hindus, and the Special Marriage Act of 1954, which governs the law relating to all Indian marriages regardless of religious denominations, contain an identical ground for divorce: “cruelty” after solemnisation of the marriage.

The Supreme Court’s case law is instructive in this regard. In Shobha Rani v Madhukar Reddi (1988) (Supreme Court), the wife alleged that the husband and his parents demanded dowry. In its ruling, the apex court emphasised that “cruelty” can have no fixed definition.

According to the  Hon’ble Apex court, “cruelty” is the “conduct in relation to or in respect of matrimonial conduct in respect of matrimonial obligations”. It is the conduct which adversely affects the spouse. Such cruelty can be either ‘mental’ or ‘physical’, intentional or unintentional. For example, unintentionally waking your spouse up in the middle of the night may be mental cruelty; intention is not an essential element of cruelty but it may be present. Physical cruelty is less ambiguous and more “a question of fact and degree.”

new dimension has been given to the concept of cruelty. Explanation to               s. 498A  of the   Indian Penal  Code provides that any  wilful 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.  Cruelty  simpliciter is  a ground for divorce under section 13  of the  Hindu Marriage  Act. However,  the      word `cruelty’ has  not been defined. Indeed,  it could not have been defined.  It has been used in relation to or in respect of matrimonial duties and  obligations. It  is a  course of conduct of  one which  is adversely affecting the other. The cruelty may   be  mental   or      physical,   intentional        or unintentional. If  it is  physical, the Court will  have no problem to  determine it.  It is  a  question  of  fact and degree. If  it is  mental, the enquiry must begin as to the nature of  cruel treatment  and the impact of such treatment in the                mind of                the spouse,  whether it  caused  reasonable apprehension that  it would  be harmful or injurious to live with the  other. Ultimately,  it is a matter of inference to be drawn  by taking  into account  the nature of the conduct and  its  effect  on  the  complaining spouse.    There    may, however, be  cases where the conduct complained of itself is bad enough  and per  se unlawful or illegal. Then the impact or injurious effect on the other spouse need not be enquired into or  considered. In  such cases,  the  cruelty  will  be established if  the conduct  itself is proved or  admitted.