TITLE : A DEEP DIVE INTO DIVORCE ON THE GROUND

OF ALLEGATIONS OF CRUELTY

INTRODUCTION:

Divorce proceedings in family law are like storytelling on a

whole new level – a mixture of personal vendetta and legal twists
that make each case as unique as a fingerprint.

MARRIAGE :

Hindu marriage is considered a spiritual relationship

between two families as well as a union between two individuals.
Customs such as dowries and arranged marriages show how
important society views this institution. Hindu marriage aims to
promote unity and avert breakups by stressing self-control and
love for the entire family, rather than just personal gain.
This mostly patriarchal society has tight gender
norms, with women typically playing passive roles and husbands
playing aggressive, dominating roles. The two main status roles
for women are motherhood and marriage.
Hinduism views marriage as the establishment of reciprocal
rights, obligations, and duties. The most important two are the
entitlement to sexual relations inside marriage and the duty to
submit to the other. It is the duty of both partners to maintain
their marriage. Still, if one partner consciously.

HISTORICAL CONTEXT:

Before 1955, obtaining a divorce for a Hindu person was

not straightforward due to the religious sanctity attached to
marriage. The uncodified Hindu Laws, found in Shashtras,
Puranas, Ved, and other religious texts, didn't have provisions for
divorce. Recognizing the need for change and considering the
stigmas associated with divorce in Hindu society, the Indian
Parliament decided to enact laws related to Hindu marriages,
leading to the Hindu Marriage Act, 1955.
This legislation focuses on valid Hindu marriages, the proper
rites, maintenance, and divorce. It introduced provisions for
divorce and judicial separation, drawing inspiration from
Western legal concepts. Cruelty is identified as one of the
grounds for both divorce and judicial separation.
MATRIMONIAL CRUELTY MEANS:

Imagine you're going through a tough time in your marriage, and

you're thinking about a divorce. When it comes to the law, the
Hindu Marriage Act doesn't exactly tell you what "matrimonial
cruelty" means. It's like they left it open to interpretation. So,
when a court has to figure it out, they look at what other courts,
especially in England, have decided in similar cases.
Here's the breakdown:

1. Physical and Mental Impact:

 Cruelty isn't just about physical harm. It also

includes stuff that messes with your head.
 Picture a situation where what your spouse does or
says really takes a toll on how you feel both
mentally and physically.

2. Res Gestae - Impact on Health and Lifestyle:

 Cruelty isn't just one big thing. It's like a series of

events that add up and mess with your life.
 Think of it like a chain reaction where what your
spouse does affects your mental and physical health,
your social standing, and the way you live.

In simple terms, when we talk about cruelty in marriage, it's not

only about getting physically hurt. It's about anything your
spouse does that seriously messes with your well-being, your
place in society, and how you live your life. Even though the law
doesn't give a strict definition, it covers a wide range of things
that could harm the core of a marriage.

In summary, cruelty in the context of marriage encompasses

more than just physical violence. It includes any conduct or acts
on the part of the other spouse that materially impair the lifestyle,
standing, or general well-being of one spouse. When defining
this phrase, the courts take into account the afflicted party's
general mental and physical health.
Understanding Cruelty as Grounds for Divorce:

Cruelty, as per the Hindu Marriage Act, encompasses physical

and mental harm. It recognizes that marriage should not be a
source of suffering. If a spouse intentionally inflicts cruelty or
neglects responsibilities without justification, the innocent party
has the right to seek divorce.

A recent case before the Hon’ble High Court of Delhi

sheds light on the delicate balance between personal conflicts and
legal proceedings. This article explores the key aspects of the
case and delves into the legal implications of allegations of
cruelty under the Hindu Marriage Act, 1955.

Recent Cases Overview:

The case in question involves a divorce petition filed by a
husband against his wife on grounds of cruelty. Allegations
range from misrepresentation of educational qualifications to
financial strain, interference by family members, suspicion,
public embarrassment, and the use of derogatory language.
These multifaceted claims bring to the forefront the challenges
faced by the judiciary in determining the validity of such
accusations.

Cruelty under the Hindu Marriage Act:

Section 13(1)(ia) of the Hindu Marriage Act provides a legal
ground for divorce based on cruelty. Cruelty is broadly defined
as behavior that causes physical or mental suffering, making it
intolerable for one spouse to continue living with the other. The
court, in such cases, must evaluate the evidence presented and
decide whether the conduct alleged amounts to cruelty as per
legal standards.

Legal Ramifications of Public Embarrassment and

Derogatory Remarks:
Public embarrassment and the use of derogatory language, as
alleged in the case, raise questions about the impact on mental
well-being. Courts often consider the emotional distress caused
by such behaviour when assessing claims of cruelty.
Conclusion:
The quoted lines of the judgment of in the case above are
mentioned as :

(NEENA BANSAL KRISHNA, J.)

Any successful marriage is built on mutual
respect and faith. If either is compromised beyond a
level, the end of the relationship is inevitable as no
relationship can stand on half-truth, half-lies, half-
respect and half-faith.

Successful marriages thrive on mutual respect and trust.

When these vital elements are significantly compromised, the
relationship is destined to face challenges. A solid foundation
requires genuine honesty, complete trust, and unwavering
respect. A relationship cannot be sustained if it's built on a mix of
truth and falsehood, partial respect, or wavering trust. In simpler
terms, for a marriage to flourish, both partners must uphold
honesty, respect, and trust in their entirety.

The Hon’ble 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 emphasized that
“cruelty” can have no fixed definition.

According to the 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.”

For instance, in the Supreme Court case of V. Bhagat vs D.

Bhagat (1994), the wife alleged in her written statement that her
husband was suffering from “mental problems and paranoid
disorder”. The wife’s lawyer also levelled allegations of “lunacy”
and “insanity” against the husband and his family while he was
conducting a cross-examination. The court held these allegations
against the husband to constitute “cruelty”.

Recently, in the case of Joydeep Majumdar vs Bharti

Jaiswal Majumdar (2021), the Supreme Court heard a case in
which the husband accused his wife of mental cruelty for making
allegations of adultery and defamatory complaints to his
superiors in the army and other authorities resulting in a court of
inquiry and thereby affecting his career. It was an act of mental
cruelty, the court held, irrespective of whether the allegations
were proved in a court of law or not.

According to the court, when dealing with such complaints of

cruelty it is important for the court to not search for a standard in
life, since cruelty in one case may not be cruelty in another case.
What must be considered include the kind of life the parties are
used to, “their economic and social conditions”, and the “culture
and human values to which they attach importance.”

The nature of allegations need not only be illegal conduct such as

asking for dowry. Making allegations against your spouse in your
written statement filed before the court in judicial proceedings
may also be held to constitute cruelty.

While the above case involved allegations levelled by the wife

against her husband, the case of Vijaykumar Ramchandra Bhate
vs Neela VijayKumar Bhate (2003) in the Supreme Court
involved the reverse. The husband alleged in his written
statement that his wife was ‘unchaste’ and had indecent
familiarity with a person outside wedlock and that his wife was
having an extramarital affair. These allegations, given the context
of an educated Indian woman, were held to constitute “cruelty”
by themselves.