Cruelty in a Hindu Marriage

Cruelty is a ground for divorce in a Hindu marriage. Initially, it was a valid ground only for judicial separation and not for divorce but now that has changed. Violent behavior is a prime reason that constitutes cruelty but courts in India interpret it with wider connotation. It goes beyond physical violence, wife beating or causing bodily hurt or danger to the person who is the victim.

Interestingly, the Hindu Marriage Act does not define ‘cruelty’ but it is understood that causing danger to life, limb or health or even a reasonable apprehension of injury amounts to cruelty.

Legal Cruelty Applies Even When One Party is Delusional

There is a famous English case, William v Williams 1963 (2) All.ER 994, in which the husband suffered from insane delusions. He imagined ‘voices’ telling him that his wife was committing adultery and so, he continued accusing her of it. At a conscious level, he did not know that his statements rose from delusion than real fact or logic. However, the courts held that his actions amounted to legal cruelty.

The Indian Courts have also upheld this decision and declared that such instances amount to legal cruelty.

Even a Single Act of Cruelty is Sufficient Ground for Divorce

If a single act of cruelty is so grievous and inexcusable in nature, this amounts to cruelty and the petitioner can claim for relief under the Hindu Marriage Act as well as the Special Marriage Act.