Last Updated on October 18, 2024 by Satish Mishra

Divorces have become common than marriages in Indian households at the moment. So one should marry the person with utmost care and caution if planning to get married atleast once. Rest is your choice as always.

Intent is not to joke on marriage but to make it clear that marriage is a serious thing and one must not play with it rather live it and seek family bliss. Not everyone today has it and soon it will become a rare thing.

Mind it!

Divorce Lawyer Free Legal Advice

Cruelty is a ground for divorce under the Hindu Marriage Act, 1955 (HMA). It is defined as any conduct that causes mental or physical suffering to the extent that it makes it impossible for the petitioner to live with the respondent, or endangers their life, limb, or health.

Cruelty is defined under section 13 (1) (ia) of the Hindu Marriage Act, 1955. Physical cruelty is easy to prove than Mental cruelty as sensitivity and social status vary for every individual.

Also Read- Divorce Appeal in Punjab Haryana High Court Chandigarh

Some Examples of Cruelty include:

Causing physical injury to the spouse- Physical Cruelty

Inducing the spouse to commit suicide- Consistent torture and incitement of self-harm

Calling names- Using demeaning terms that attacks self-dignity of an individual.

Defaming the spouse’s reputation- Abusing remarks, humiliation in house, taunts

Making false allegations, Harassment, Stalking, Persistent criticism and ridicule

Refusing to have conjugal relations with the spouse, Social Isolation, Loneliness, exclusion

Threatening the spouse’s social and economic wellbeing

Unreasonable demands, frustrating spouse on financial limitations, excessive control over other

Denial of Basic Rights and Amenities

The list is however not exhaustive and in coming times, we can see a new degree of cruelty is surviving marriages. Let’s wait till then to see what interesting stories there can be.

Supreme Court on Cruelty

The word ‘cruelty’ under Section 13(1)(ia) of the Act of 1955 has got no fixed meaning, and therefore, gives a very wide discretion to the Court to apply it liberally and contextually. What is cruelty in one case may not be the same for another. As stated, it has to be applied from person to person while taking note of the attending circumstances.

Also Read- Divorce within or before One year of Marriage Possible But?

Cruelty as Ground for Divorce in India

Cruelty can be intentional, unintentional, mental, physical or a subjective concept which varies in almost in each case. It is entirely based on one’s experience and cultural context. For one it cannot be cruelty, but for someone it will fall under the ground of cruelty. So it is not a definition, but the conduct or experience

In short, conduct that makes it harmful, dangerous and injurious to live with your spouse can be termed as Cruelty.

The concept of cruelty can change over time due to modern culture, the impact of media, and value systems. There are no objective standards for testing allegations of cruelty, and each case may be different. It is relatively easier to prove physical cruelty than mental cruelty.

Deciding Cruelty in Divorce

Courts in India see the sum total of all above acts and then determine cruelty. The severity, frequency, and duration plays the key role. You have to support your allegations with evidence and then lead to the outcome that marriage cannot be run anymore. Only then Divorces are granted by Indian Courts. The duration and severity of cruelty also plays the important role.

Can Husband File Divorce on Cruelty?

Yes, most welcome. Law does not differ here. Either of spouse who is undergoing cruelty can file divorce and seek separation. This is a misconception that only women undergo cruelty. In fact, for majority of the husbands, Cruelty serves as the sole ground for divorce.

Also Read- Marriage Certificate not necessary for Seeking Divorce in India

Cruelty Evidence for Divorce can include:

Testimonies

Medical records (for physical abuse)

Witness statements

Note: The ordinary wear and tear in a marriage cannot be termed as Cruelty. On the question of burden in a petition for divorce, burden of proof lies on the petitioner. However, the degree of probability is not one beyond reasonable doubt, but of preponderance. The Court is not deciding and adjudicating an offence, when a petition for divorce is a civil remedy.

Supreme Court on Cruelty as Ground For Divorce

The signal of the Supreme Court appears to be that while dealing with allegation of cruelty as a ground for divorce the courts should have in their mind that the petitioner has to prove that the respondent had behaved in such a way that the petitioner cannot reasonably be expected to live with the other. In construing such behaviour to be cruelty within the meaning of Section 13 of the Hindu Marriage Act, the courts will have to look into each and every case having regard to the facts and circumstances of that case. Social status and educational level of the parties, the society they move In, the possibility or otherwise of the parties ever living together and all other relevant facts and circumstances will also have to be seen. In very exceptional cases divorce may be granted on mere accusations and allegations but regard must be had to the context in which they have been made. Absence of Intention should not make any difference in the case, If by ordinary sense In human affairs, the act complained of, could otherwise be regarded as cruelty.

This is Excerpt from J.T.R.I. JOURNAL – First Year, Issue – 2 – Year – April – June, 1995.

Also Read- RCR or Divorce? Legal Advice Zirakpur Kharar Derabassi

What may be cruelty for Men may not be for Women and vice-versa. So, one need to define cruelty in a set of facts or situation given. There cannot be a straight-jacket formula for this. Relatively more elastic and broad approach is required when we examine a case in which a wife seeks divorce from Courts.

In Vishwanath Agrawal v. Sarla Vishwanath Agrawal, (2012) 7 SCC 288, wherein it was observed that the expression ‘cruelty’ has an inseparable nexus with human conduct or human behaviour. It is always dependent upon the social strata or the milieu to which the parties belong, their ways of life, relationship, temperaments and emotions that have been conditioned by their social status.

Supreme Court advises High Courts and lower courts not to follow hyper-technical and pedantic approach while hearing divorce matters as this would not solve the purpose of defining cruelty as per September 6, 2023 judgment of Supreme Court in Smt. Roopa Rani vs. KamalNarayan Soni.

Also Read- Cruelty Ground for divorce Husband Wife Marriage Dispute

Last Words- My Advice on Divorce!

Marriage works on Trust, Respect and Adjustments. If anyone of these is missing, then trouble will come for sure. Marriages have always been an alliance since ages but today’s generation has confused it with love. Do marriage only if you need it. Love is always temporary. It shifts from one thing to another, be it a person. Whereas marriage is a responsibility. It’s a sheer work for both. And it is an everyday work to keep it running just like our daily jobs. So you cannot take it for granted. Else you will be fired or divorced or humiliated in a marriage. Marrying is still easy but running a marriage will always be a challenge. So get married only if you have understood this concept wisely.

Otherwise, please, please, don’t get married, if you have any other expectations from it.

Also Read- CRUELTY AS A GROUND FOR DIVORCE

Now legal part of it.

Don’t be scared of divorce. It’s actually a test whether your marriage can still sustain or it is no longer working. Just like an old car. So you have to get it checked and get it serviced, so as it works for more years. Today, everywhere, celebrities are seeking counsellors, therapist on regular basis, just to speak out their minds in marriage. So it is going to be routine for those couple who seriously let their spouse speak out their mind.

For those, who won’t to rule, sorry! Now the opposite sex is more educated, independent and less tolerant. So they won’t take any shit for granted. And that’s the reason for rising number of divorces in Metro cities.

But for the women also, who are overly educated and fully of arrogance regarding their personality, its test. If the equation is not a win-win for both, then the marriage will hardly run.

So bottom line is, get married only if you are ready and prepared. Simple!

Hope this works for you! If you like this post, share it and spread the word kindly.