DIVORCE ON THE GROUND OF CRUELTY

CONCEPT OF DIVORCE ON THE GROUND OF CRUELTY UNDER THE HINDU MARRIAGE ACT 1955

Section 13 of the Hindu Marriage Act 1955 grants divorce on certain grounds specified therein. It enacts that any marriage solemnized whether before or after the commencement of the Act may be dissolved on a petition presented either by the husband or by the wife on any of the grounds specified therein. Clause (ia) of subsection (1) of Section 13 declares that a decree of divorce may be passed by a Court on the ground that after the solemnization of marriage, the opposite party has treated the petitioner with cruelty. What is cruelty is not defined so far but now, it is well-settled that the expression ' cruelty’ includes both (i) physical cruelty; and (ii) mental cruelty as mentioned in the Hindu Marriage Act.

In the case of  Gollins V. Gollins 1964 AC 644: (1963)2 AIIER 966 Lord Reid stated:

“No one has ever attempted to give a comprehensive definition of cruelty and I do not intend to try to do so. Much must depend on the knowledge and intention of the respondent, on the nature of his (or her) conduct, and the character and physical or mental weakness of the spouses, and probably no general statement is equally applicable in all cases except the requirement that the party seeking relief must show actual or probable injury to life, limb or health”.

Lord Pearce also made similar observations:- “It is impossible to give a comprehensive definition of cruelty, but when reprehensible conduct or departure from normal standards of conjugal kindness causes injury to health or an apprehension of it, is, I think, cruelty if a reasonable person, after taking due account of the temperament and all the other particular circumstances would be considered that the conduct complained of is such that this spouse should not be called on to endure it”.

Under section 13 (1) (i a) of the Hindu Marriage Act 1955, Cruelty is broadly defined as any conduct that would cause reasonable apprehension in the mind of the petitioner that it is harmful or injurious to live with the respondent. It can be physical or mental, intentional or unintentional, and is a subjective concept that varies in each case depending on the facts and circumstances.

Concept of Cruelty for the Divorce:

Cruelty is defined as conduct that causes such mental suffering or physical pain that it endangers the life, limb, or health of the petitioner or makes it impossible for the petitioner to carry on living with the respondent.

 Physical Cruelty: Physical cruelty refers to any act or conduct that causes bodily harm or poses a threat to the life, limb, or health of one spouse by the other spouse. It includes physical violence, assault, or any other form of harmful behavior that endangers the physical well-being of the victim. In cases of physical cruelty, a spouse can file for divorce or seek legal protection.

 Mental Cruelty: Mental cruelty refers to the infliction of emotional or psychological distress on one spouse by the other spouse. It includes behavior or conduct that is of such a nature that it makes it impossible for the victim's spouse to live with the other spouse. Mental cruelty can take various forms, such as constant humiliation, verbal abuse, harassment, neglect, threats, or persistent indifference toward the well- being of the other spouse. The concept of mental cruelty is subjective and depends on the facts and circumstances of each case. There is no exhaustive list of acts or behaviors that constitute mental cruelty, as it can vary based on individual experiences and cultural contexts. However, some common examples of mental cruelty recognized in Hindu matrimonial law include 1. Verbal abuse and humiliation: Persistent use of derogatory language, insults, or constant berating of the spouse. 2. Threats and intimidation: Regularly subjecting the spouse to threats of physical harm, emotional blackmail, or other forms of intimidation. 3. Emotional abandonment: Neglecting the emotional needs of the spouse, showing complete indifference, or engaging in emotional detachment. 4. Harassment and stalking: Stalking, monitoring, or excessive surveillance of the spouse, causing fear and distress. 5. Constant criticism and ridicule: Regularly belittling or mocking the spouse's abilities, appearance, or character. 6. Social isolation: Deliberately isolating the spouse from family, friends, or social support networks, leading to feelings of loneliness and exclusion. 7. Unreasonable demands and control: Exerting excessive control over the spouse's actions, decisions, or freedom, leading to a loss of individuality and autonomy. 8. Denial of basic rights and amenities: Withholding financial support, denying access to basic amenities, or intentionally causing living conditions that are detrimental to the spouse's well-being. It's important to note that the courts consider the cumulative effect of various acts and behaviors when determining mental cruelty. The severity, frequency, and duration of the conduct are also taken into account. The spouse seeking divorce on grounds of mental cruelty must provide evidence and demonstrate that the cruelty has reached a level where it has made the continuation of the marriage intolerable.

Judgments on the issue:

In the case of Samar Ghosh v. Jaya Ghosh [(2007) 4 SCC 511], the Hon’ble Supreme Court, after surveying the previous decisions and referring to the concept of cruelty, which includes mental cruelty, in English, American, Canadian, and Australian cases, has observed that: “The human mind is extremely complex and human behavior is equally complicated. Similarly, human ingenuity has no bound, therefore, to assimilate the entire human behavior in one definition is almost impossible. What is cruelty in one case may not amount to cruelty in the other case. The concept of cruelty differs from person to person depending upon upbringing, level of sensitivity, educational, family and cultural background, financial position, social status, customs, traditions, religious beliefs, human values, and their value system. Apart from this, the concept of mental cruelty cannot remain static; it is bound to change with the passage of time and, the impact of modern culture through print and electronic media and value systems, etc., etc. What may be mental cruelty now may not remain a mental cruelty after a passage of time or vice versa. There can never be any straitjacket formula or fixed parameters for determining mental cruelty in matrimonial matters. The prudent and appropriate way to adjudicate the case would be to evaluate it on its peculiar facts and circumstances”

CONCLUSION:- The terms of cruelty as far as Hindu Marriage is concerned are different from the definition of Cruelty as given under section 498A IPC. The concept of cruelty in Hindu Marriage is concerned includes mental as well as physical and varies from case to case, hence the court decision fully depends upon evidence of the case tendered by the respective party to the case.

*This article is not for legal advice. It is written only for an academic purpose and general awareness.