Cruelty; A Ground For Divorce
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Divorce is a significant step in a person’ life. The same could be a boom/ bane for a person, and for some people, especially for the aggrieved and dependent women, the divorce can’t be anything less than a much-needed freedom from a nasty and torturous marriage. However, in order to obtain divorce in India, a complex and ruthless legal mechanism must be followed through.
As per the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act”), there are two modes to seek divorce i.e., a divorce by mutual consent which implies that both the parties to a marriage jointly and mutually file a petition for the divorce before the competent family court; and other one is a contested divorce where one spouse to a marriage files for the divorce against his/ her counterpart.
Divorce by mutual consent has no major legal difficulties, and the courts have consistently shown a liberal attitude towards granting such petitions on the satisfaction that such petitions are derived from the mutual consent, and the both the spouses have no outside pressure to sign and seek divorce.
Whereas, the contested divorce may become a horrendous, long, and a complex journey for a person to seek divorce as the other party may not be willing to agree for the divorce. Moreover, it’s a tumultuous task to prove the requisite legal grounds and convince the family court to secure divorce.
As stated, the Act provides the mechanism of seeking divorce. Section 13 of the Act deals with the divorce. It is submitted that section 13 elucidates various grounds for the contesting divorce.
“13. Divorce. (1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party—
(i) has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or
(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition…”
(Emphasis Supplied)
Though there are numerous grounds to seek divorce, but almost every tough marriage involves the instrumentalities of CRUELTY. Resultantly, one of the most common reasons of contested divorce petitions is ‘cruelty’. It is, therefore, important to discuss and try to comprehend the fundamentals of the ground of Cruelty.
Cruelty as per the Hindu Marriage Act, 1955
The term ‘cruelty’ implies cruel behaviour by a person which is not conducive for the others to resist. The Collins dictionary defines cruelty as: - “Cruelty is behaviour that deliberately causes pain or distress to people or animals[1].”
The Act, surprisingly, doesn’t define the term ‘cruelty’. Though the legislature could have determined the ground rules of such important term in the law, but it can fairly be stated that the legislature has rightly left the term wide open so that any and every form of cruelty which may hamper the interest and well-being of a spouse in a matrimonial relation can attract section 13 of the Act and paves way for an aggrieved party to seek divorce.
As the term is widely left open for the judicial interpretation in light of the given facts and circumstances of a case in hand. Ergo, it is not just advisable but unavoidable to refer the relevant judicial rulings/ case laws dealing with the term of ‘cruelty’ and its scope. It is submitted that the jurisprudence of cruelty can easily travel across thousands of pages, however, in order to keep this piece of writing precise, only the following notable case laws are being discussed dealing with the current issues of the society.
Notable case laws
The Hon’ble Supreme Court of India in the landmark case of Samar Ghosh vs. Jaya Ghosh[2] after referring various judicial precedents, relevant provisions of law, and other authorities, has meticulously laid down non- exhaustive 14 (fourteen) principles/ guidelines for the family courts in order to determine the meaning and scope of the term cruelty as per the Act in matrimonial proceedings. It is submitted that the following guidelines have been emerged as reference source for all the other courts in India to determine ‘cruelty’ while dealing with complex matrimonial cases which involve unfathomable human emotions.
(i) On consideration of complete matrimonial life of the parties, acute mental pain, agony and suffering as would not make possible for the parties to live with each other could come within the broad parameters of mental cruelty.
(ii) On comprehensive appraisal of the entire matrimonial life of the parties, it becomes abundantly clear that situation is such that the wronged party cannot reasonably be asked to put up with such conduct and continue to live with other party.
(iii) Mere coldness or lack of affection cannot amount to cruelty, frequent rudeness of language, petulance of manner, indifference and neglect may reach such a degree that it makes the married life for the other spouse absolutely intolerable.
(iv) Mental cruelty is a state of mind. The feeling of deep anguish, disappointment, frustration in one spouse caused by the conduct of other for a long time may lead to mental cruelty.
(v) A sustained course of abusive and humiliating treatment calculated to torture, discommode or render miserable life of the spouse.
(vi) Sustained unjustifiable conduct and behaviour of one spouse actually affecting physical and mental health of the other spouse. The treatment complained of and the resultant danger or apprehension must be very grave, substantial and weighty.
(vii) Sustained reprehensible conduct, studied neglect, indifference or total departure from the normal standard of conjugal kindness causing injury to mental health or deriving sadistic pleasure can also amount to mental cruelty.
(viii) The conduct must be much more than jealousy, selfishness, possessiveness, which causes unhappiness and dissatisfaction and emotional upset may not be a ground for grant of divorce on the ground of mental cruelty.
(ix) Mere trivial irritations, quarrels, normal wear and tear of the married life which happens in day to day life would not be adequate for grant of divorce on the ground of mental cruelty.
(x) The married life should be reviewed as a whole and a few isolated instances over a period of years will not amount to cruelty. The ill-conduct must be persistent for a fairly lengthy period, where the relationship has deteriorated to an extent that because of the acts and behaviour of a spouse, the wronged party finds it extremely difficult to live with the other party any longer, may amount to mental cruelty.
(xi) If a husband submits himself for an operation of sterilization without medical reasons and without the consent or knowledge of his wife and similarly if the wife undergoes vasectomy or abortion without medical reason or without the consent or knowledge of her husband, such an act of the spouse may lead to mental cruelty.
(xii) Unilateral decision of refusal to have intercourse for considerable period without there being any physical incapacity or valid reason may amount to mental cruelty.
(xiii) Unilateral decision of either husband or wife after marriage not to have child from the marriage may amount to cruelty.
(xiv) Where there has been a long period of continuous separation, it may fairly be concluded that the matrimonial bond is beyond repair. The marriage becomes a fiction though supported by a legal tie. By refusing to sever that tie, the law in such cases, does not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties. In such like situations, it may lead to mental cruelty.
2. Excessive drinking
In the case of P vs. U[3], the Hon’ble Chhattisgarh, Bilaspur, while relying upon the case of Samar Ghosh (Supra) held that if a husband neglects to perform his marital obligations and rather gets indulged in excessive drinking then same shall be cruelty to the wife as well as to the children.
3. False allegations of Extra- Marital Affairs
In the case of ABC vs. Om Prakash Mandal[4], the Hon’ble Delhi High Court has observed that false and vague allegations of illicit and extra marital affair against the spouse is an ultimate form of cruelty as the same exhibits utter lack of faith and trust among the spouses. The court also noted that sans trust and confidence in a marital relationship, the marriage can’t survive. It is not out of place to mention that in this case the divorce was granted to a husband, as the false allegations were made by a wife against her husband.
4. Physical Assault
The Hon’ble Court of Delhi in the case of RS vs. AS[5] held that the physical assault inflicted by a husband upon his wife amounts to cruelty as per the Act. The High Court has also observed that the marriage doesn’t furnish a license to a husband to physically assault, and beat his wife.
5. Refuse to do sexual intercourse
The Hon’ble High Court of Allahabad in the case of Ravindra Pratap Yadav vs. Smt. Asha Devi & Ors[6] held that the refusing to have sexual intercourse by a spouse without just and sufficient reason squarely attracts cruelty as per the Act. Interestingly, the Allahabad High Court has relied upon the case of Samar Ghosh (Supra) while adjudicating the present case.
Conclusion
From the perusal of the aforesaid discussion, it is clear that the courts in India have been taking a pragmatic and flexible approach while dealing with the cases of divorce, especially where the aspect of cruelty is involved. The judiciary has rightly considered the wide scope of the term ‘cruelty’ and has been considering each case on its own merits in light of the given judicial guidelines, instead of following a ‘one size fits all’ formulae. The same approach has undoubtedly provided immense help to the aggrieved women who have not been just deprived of a sound and peaceful matrimonial relationship, but also often been bereft of requisite help and support of their parental home.
Despite the untiring efforts of the Indian judiciary, which is nothing but hugely overburdened with the lakhs of pending cases, the ordeals of women approaching the courts to seek justice can’t be ignored. It is submitted that due to such huge pendency of the cases, the parties often ended up spending many years of their lives in the courts to secure a glimpse of justice.
The next step, therefore, for the Indian judiciary should be to reduce this long awaiting struggle of all the litigants so that the true and speedy justice must be ensured. As we must not forget, 'justice delayed is justice denied.'
References
[1] Cruelty https://www.collinsdictionary.com/dictionary/english/cruelty
[2] 2007 4 SCC 511
[3] FA (MAT) No. 4 of 2022
[4] 2023: DHC: 5786-DB
[5] 2023: DHC: 6162-DB
[6] 2023: AHC: 106512-DB
