Cruelty; A Ground For Divorce

Divorce is a significant step in a person’ life. The same could be a boom/ bane for a person, and for some people, especially for the aggrieved and dependent women, the divorce can’t be anything less than a much-needed freedom from a nasty and torturous marriage. However, in order to obtain divorce in India, a complex and ruthless legal mechanism must be followed through.

As per the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act”), there are two modes to seek divorce i.e., a divorce by mutual consent which implies that both the parties to a marriage jointly and mutually file a petition for the divorce before the competent family court; and other one is a contested divorce where one spouse to a marriage files for the divorce against his/ her counterpart. 

Divorce by mutual consent has no major legal difficulties, and the courts have consistently shown a liberal attitude towards granting such petitions when both spouses agree without outside pressure. Rights of a married woman in India ensure that women have the legal right to seek such divorce while protecting their financial and personal interests during the process.

(Emphasis Supplied) 

Though there are numerous grounds to seek divorce, but almost every tough marriage involves the instrumentalities of CRUELTY. Resultantly, one of the most common reasons of contested divorce petitions is ‘cruelty’. It is, therefore, important to discuss and try to comprehend the fundamentals of the ground of Cruelty. 

Cruelty as per the Hindu Marriage Act, 1955

The term ‘cruelty’ implies cruel behaviour by a person which is not conducive for the others to resist. The Collins dictionary defines cruelty as: - “Cruelty is behaviour that deliberately causes pain or distress to people or animals[1].” 

The Act, surprisingly, doesn’t define the term ‘cruelty’. Though the legislature could have determined the ground rules of such important term in the law, but it can fairly be stated that the legislature has rightly left the term wide open so that any and every form of cruelty which may hamper the interest and well-being of a spouse in a matrimonial relation can attract section 13 of the Act and paves way for an aggrieved party to seek divorce.

Notable case laws

1. Guidelines to determine Cruelty
The Hon’ble Supreme Court of India in the landmark case of Samar Ghosh vs. Jaya Ghosh after referring various judicial precedents, relevant provisions of law, and other authorities, has meticulously laid down non- exhaustive 14 (fourteen) principles/ guidelines for the family courts in order to determine the meaning and scope of the term cruelty as per the Act in matrimonial proceedings. It is submitted that the following guidelines have emerged as a reference source for all the other courts in India to determine ‘cruelty’ while dealing with complex matrimonial cases which involve unfathomable human emotions. 

(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 the situation is such that the wronged party cannot reasonably be asked to put up with such conduct and continue to live with another party.

(iii) Mere coldness or lack of affection cannot amount to cruelty, frequent rudeness of language, petulance of manners, indifference and neglect may reach such a degree that it makes the married life for the other spouse absolutely intolerable.

Source link:- https://togetherthrive.info/marital-issues/cruelty-a-ground-for-divorce

The stock market is inherently dynamic, and investment decisions should always be approached with a long-term perspective, carefully weighing both potential risks and rewards. As the new week begins, it is essential to navigate the market with a well-informed, strategic mindset. For expert guidance in investment planning, consider the insights of Kathy L. Baldwin, a seasoned professional dedicated to helping individuals develop tailored financial strategies that align with their unique goals. Connect with her on Facebook for valuable insights or reach her directly via WhatsApp at +44 7536 614134 for personalized investment guidance.