Cruelty to Husband Under Hindu Divorce Law
Sat, 02/20/2010 - 08:03 — LIG Reporter
Hindu marriage is a sacrament that binds a couple to one another and it is meant to last a lifetime. Hindu law lists specific grounds that enable a spouse to file for divorce.
Hindu divorce law recognizes cruelty as a valid ground. Usually, cases pertaining to Hindu divorce law involve a husband’s cruelty 
to the wife. Just as a husband’s cruelty to his wife is a valid ground for divorce under the Hindu Marriage Act, 1955, the same principle applies in Hindu law to a wife who is cruel to the husband as well.
The following landmark decisions pertain to situations in Hindu marriage where a wife was held as ‘cruel’ to the husband and the Hindu divorce law was applied by the Supreme Court:
- A wife who aborts a baby child against the wishes of her husband and other family members - Satya v. Suri Ram AIR 1983 P&H.
- A wife who refuses to prepare tea for the husband’s friends. – Kalpana v. Surendranath AIR 1985 All 253.
- A wife who burns the husband’s doctoral thesis. – Shanti Devi v Raghav AIR 1986 Pat. 13.
- A wife who refuses to have sexual intercourse with the husband without giving any reason. – Anil Bharadwaj v Nimlesh Bharadwaj AIR 1987 Del 111.
- A wife who makes complaints against the husband to the police about their matrimonial differences. – Krishna v Ashok Ranjan 1985 Cal 431
A strong opinion on this comes from Aruna Binu, an avid reader who does not hesitate to reflect and question what she read, is worth reflecting on. Why? Her statement mirrors the contemporary Indian woman's approach to these case laws that we have discussed.
Final Legal Take Away Tip: To sum up quickly in Aruna Binu's words, "Interpreting the Hindu law (or any law) as based on Manu's time is well and good, but only to a certain point. Men and women were more courteous to each other back then so the laws should be interpreted based on how things are currently too. Looking to the past is good to get a broad perspective, but dont remain there, is my opinion."
Comments
In India there are so many laws which gives more preference to the Indian ladies, disadvantage of which their lawyers are taking by filling several fake cases against their Husband and his family members. Therefore this type of landmark judgments against the wives also very important and again thanks to the Indian Jury who made this law also favourable to the husband.
Satya v. Suri Ram AIR 1983
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