cruelty

Although cruelty is mentioned as one of the major grounds for divorce, Indian laws such as the Hindu Marriage Act and the Special Marriage Act do not define it clearly. Various court judgments have led to the interpretation of the term ‘mental cruelty’ and its grounds for seeking divorce in India.

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.

The principle of ‘Animal Rights’ is also called as animal liberation. This has assumed a lot of significance as there are many international organizations working to protect animals. However, India still lags far behind in the context of implementing animal rights.

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.

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.