Cruelty as ground of divorce

Cruelty has not been universally defined till now. It depends upon the circumstances of the cases and the country and time. It is an important ground for judicial separation and divorce. If any party to marriage behaves with cruelty to the other party, then the other party can present an application for divorce against the first party on this ground.

Russel vs. Russel (1897 A.C 305):

Cruelty has been described as such characteristic behavior or conduct which may put life and body under physical or mental from of danger or may arise apprehension of such danger.

It has been held by the supreme court in the case of A. Jaya Chandra vs. Anil Kaur AIR 2005 SC 534 that the  expression ‘cruelty’ has been used in relation to human conduct or human behavior. To constitute cruelty the conduct that is complained against should be grave and weighty for arriving at conclusion that the petitioner cannot be reasonably expected to live with the other spouse.

If this definition is understood in matrimonial context, it shall show that any party to marriage may behave with other party in such manner that it shall be difficult for other party to live with him, this shall be cruelty.

Vinod Biswal vs. Tikli Urf Biswal AIR 2002, NOC 206 Orissa

Husband alone with parents used to regularly beat the wife. Father – in – law physically misconduct with her. Husband never bring back wife nor made any attempt toward it. Court held that this behavior of husband to be cruelty, because such circumstances arose that it became difficult for wife to, live with the husband.

Naveen Kholi vs. Neelu Kholi AIR 2006 SC 1675

It has been observed by the Supreme Court that the conduct complained of should be grave and weighty. It should not be ordinary wear and tear of marriage life. It should be such that no reasonable person should tolerate it.

Amitav Dass vs. Smt. Mousmi Dass AIR 2012 Kolkata 63

Wife generally used to threating husband for suicide. A false petition under section 498(a) of IPC was filed by wife against husband. Falsely, alleged for dowry. Wife wished that the services of husband may get terminated. Falsely alleged for misbehavior of mother – in – law. It was held that cruelty by Kolkata high court and declared the husband entitled for decree of divorce.

Vinita Saxena vs. Pankaj Pandit AIR 2006 SC 1662

Husband was suffering from mental illness by which he was unable to sexual intercourse with wife. Supreme court has observed it as cruelty and a good ground for divorce.

Cruelty may be of two types:

1. Cruelty

2. Mental cruelty

Saptmi vs. Jagdish AIR 1969, Kolkata 37

The husband used to have abusive language towards his wife, used to beat her, disrespect her, defame her and at one time pushed her into a wall. Court held it to be cruelty by husband.

A.S vs. S.N.S AIR 2016 Delhi 43,

The husband was being alleged by the wife that the husband is a corrupt officer and womanizes. The court while taking it as a cruelty considered the base for divorce.

In this case it has also been stated that where the wife continued to ready for coition at the desire of husband there it cannot be said that the wife continued to deny for coition.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.