The Behavior which causes physical or mental harm to the
spouse which is difficult to tolerate the other person beyond their patient
level and expectations is yard stick to measure the grounds for cruelty.
Mostly cruelty happens within four walls and it is hard
to prove due to lack of evidence. So in this circumstances the genuine sufferer
will get injustice.
The Indian courts has categorized cruelty as follows:-
1. Act of the wife not allowing her husband to live in
matrimonial home constitutes both mental and physical cruelty.
2. Where the husband remained unemployed during his stay
with his wife and started spending money on liquor indiscriminately, used to
come home late at night, gave physical beatings as well as mentally tortured
the wife and also demanded share in his wife’s flat.
3. Threatening the husband that she would commit suicide,
persuaded husband to leave his parents, filed false case under section 498A of
the IPC and also dowry case against husband and his family members.
4. Conduct of the husband of continues abusing and ugly
and foul language and also alleging the wife of having an extra-marital
relationship without any good reason will make the relation between the parties
a soured relation and as such the parties cannot be expected to live together.
5. Verbal abuses and insults by using foul and abusive
language, disturbing mental peace and every conduct which causes a mental
tension as to affect the health or likely to affect the health of the other
spouse will be considered as cruelty.
6. A spouse staying away can cause mental cruelty to the
other spouse by sending vulgar and defamatory letters or notices or filing
false complaints containing indecent allegations or by initiating number of
judicial proceedings making the others spouse’s life miserable.
7. Culture, human value, economic and social conditions
will be an important factor in deciding the allegations made in the cruelty.
8. Lack of mutual trust, confidence, faith and having
doubt on each other whenever the other spouse fails to answer the call and
making remarks on her character will amount to cruelty, rupturing the
matrimonial relation and the other spouse cannot be expected to stay in that
environment.
9. Where the husband is lethargic, does not work,
is parasitical, selfish or callous provides no money for the household or
refuses to undertake payment to meet the household expenses, the wife cannot be
expected to stay with the husband.
10. Spouses not behaving in a respectful and cordial
manner with the parents of each other would be considered as cruelty.
11. Constant insults, abuses and accusations of
adulterous character which make the married life impossible to be endured,
constitute mental cruelty of a kind worse than physical violence.
Above mentioned are just the glimpse of the cases in
which the Indian Courts have held the have the cruelty being committed by one
spouse towards to the other and the courts cannot expect the other spouse to
stay in that house wherein he/she has lost their most cherished fundamental
right of life with respect and dignity. The Idea of bringing the cruelty as a
ground for divorce is to maintain the self respect and dignity of the spouses
living under the same roof and who have decided to stay together for their life
in all good and bad times.
Last but not the least is that whenever the spouses comes
before the court of law to file their cases with the weak evidence or lack of
evidence, the cases end up in dismissal and harassment, but after the amendment
of the Information Act, 2009 any spouse can keep a audio or video recording,
messages etc. to be used in the court of law to ensure the spouse who committed
the cruelty.
Article by Advocate Mrs.Bobby Portia Alex ( Leading Lady
Lawyer in Chennai)
Those who are affected by cruelty can Talk to the Top
Lady Divorce Lawyer in Chennai @ 9551716256
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