Cruelty as Ground for Divorce in Indian Marriages

Under law statutes for Indian marriages, a spouse can file for divorce on the ground of cruelty by the other spouse. It must be noted that the concept of cruelty has not been rightly defined as per the existing laws. However, today, cruelty is not interpreted in the same manner as it was some decades ago.

For instance,

• Under the old English law, a husband could resort to beating the wife so as to correct her as stated by Blackstone.
• According to Manu, who is believed to be the Hindu law giver, a husband should only beat his wife using a split bamboo or a rope to ensure that her bones remain intact in the process.

Should Disputes in Indian Marriages be Treated Liberally by Judges?

Cruelty is a subjective concept and varies with time, person and place. In the landmark case of Gurdev Kaur v Sarwan Singh AIR 1959 Punj 162, Justice Grover rightly pointed out that there is a need of defining cruelty in consonance with the present conditions rather than implementing the rigid tenets stated by bygone law givers like Manu.

An inevitable question that may spring to your mind is whether all judges will view it in the same broad perspective in disputes arising in Indian marriages.

There is no hard-and-fast rule on this because the peculiarities of each marital dispute differ. The background, values and extent of liberal approach of a judge who hears the dispute between the parties also vary. However, there is continuous criticism about the delay and confusion in the way personal laws are interpreted by judges while determining legal rights  of  parties in Indian marriages.

Are Hindu Laws pertaining to Indian Marriages in sync with Contemporary Times?

Typically, there is a great deal of confusion in defining and interpreting what is ‘cruelty’ so as to establish it as a valid ground for divorce. The Hindu Marriage Act 1955 (amendment took place in the Marriage Laws Act 1976) provides cruelty as a ground for divorce and judicial separation in Indian marriages. Under section 13(1), a spouse has the right to dissolve his/her marriage on account of being treated with cruelty by the other after their marriage was solemnized.

It must be noted that one could only seek judicial separation on the ground of cruelty before 1976. The concept of cruelty itself was expanded during the amendment of 1976. Earlier, it was limited to the petitioner’s apprehension that it could be dangerous for him/her to continue living with the spouse. However, now all a petitioner needs to do it prove that s/her was treated with cruelty by the spouse.