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.