Cruelty is an inhuman treatment
MISUSE
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| Cruelty is an inhuman treatment |
INTRODUCTION
Cruelty is the main ground to seek divorce as defined under ‘Sec 13(1)
(i-a)’ of The Hindu Marriage Act, 1955 and party who is filing
a case must prove that living between husband and wife became impossible. Cruelty as a ground for divorce is often
raised by husbands under various personal laws. Courts have often come across
instances where the wife & her relatives have tried to take advantages of
the wide ambit of dowry & protection from domestic violence laws to take
advantage & threaten the husband & his innocent relatives.
DEFINITION OF CRUELTY
Since the meaning of cruelty is very subjective,
therefore there is no formula to decide the definition of
cruelty. It may depend on and vary from case to case. What may be cruelty in
one case may not be in another. Mental cruelty would include causing of mental
pain, suffering or the agony of such a kind and magnitude which can result in
the severing of the marital bond or due to which it cannot be expected by one
party to live with the other. Since all such acts have a severe impact on the
physical and mental well being of the husband, therefore they have been kept
under the ambit of cruelty.
Cruelty
is an inhuman treatment and it is an act that causes mental sufferings and
endangers to the life and health of the other. Cruelty may be in the form of
physical as well as mental by the act either of the husband or the wife. Though
it is the women who have always been subjected to be tortured and harassed by
the husband and relatives, in fact saying this will not be proper as cases of
torture and harassment against the husband by the wife is increasing day by day.
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| Cruelty is an inhuman treatment (CRUELTY AGAINST HUSBAND) |
MISUSE
There are many provisions made
applicable for the protection of the women, which has got recognition from our
constitutional law. Although the law on
cruelty assumes husbands as the perpetrators of domestic violence and wives as
its victims. It is the duty of the court to decide the case based on facts and
circumstances but what amounts to cruelty is an important aspect as misuse of
Laws by the wife against husband in society is growing day by day..
WHAT
AMOUNT TO CRUELTY AGAINST HUSBAND
Adultery by the wife means wife having sexual
relationship with some other person during the lifetime of marriage and there
must be strict law to punish wife who has committed adultery.
Abusing and accusing husband by way of insulting in
presence of in-laws and in some cases wife abusing husband in front of office
staff members.
Misuse of Dowry Laws, Domestic Violence Act and ‘Sec:
498-A’ of IPC by wife against husband and in-laws of husband through lodging
false complaints.
Desertion by wife which means wife deliberately
intending for separation and to bring cohabitation permanently to an end.
Wife opting out for second marriage without applying
for the divorce proceedings.
Threatening to leave husband’s home and threat to
commit suicide by the wife
Wife refusing to have sex with husband without any
sufficient reasons which can be considered as a ground of cruelty and husband
can file a divorce petition.
Extra-marital affairs of wife can also be a ground of
cruelty against the husband.
Lowering reputation of the husband by using
derogatory words in presence of family members and elders.
Initiating criminal proceedings against husband and
in-laws of husband with mala-fide intention by the wife.
Mental disorder and unsoundness of wife, Impotency of wife,
illicit relationship of wife with some other person and Wife suffering from the
filarial (Related to or infested with or transmitting parasitic worms
especially filarial).
Cruel behavior of wife where wife tearing the shirt of
the husband, refusing to cook food properly or on time and breaking of the
mangalsutra in the presence of husband’s relatives.
Demand for transfer of proprietary rights in her name.
Attempts for alienating the husband from his parents
and relatives persuading him to abandon his old and aged parents.
Opposition to every suggestion made by the husband for
settling a dispute related to restitution of conjugal rights.
Denial of normal courtesy and respect to husband by
wife’s relatives.
Dictating her husband and excessive involvement in his
personal and professional life
Constant sending of money to her paternal family
members of which the husband has no knowledge or without his permission
Visiting her parent’s home frequently without
appropriate reasons along with the children born out their wedlock and thus
denying the husband access from his offspring’s.
CONCLUSION
It is indisputable that women are subjected to cruelty
but at the same time, it must be ensured that the law is not made wide enough
which results in its misuse. Husband and his family members should not at once
be posed to serious challenges but should be given due opportunity to respond
to the allegations. Family members who are reputed and responsible citizens
with no criminal record should be given due consideration as misuse of laws
create irreparable damage and results in victimization. Stringent
punishments should be imposed to create deterrence effect on those who misuse
it. Baseless allegations result in the wrongful confinement of innocent
individuals.
PROTECTION GIVEN TO HUSBAND
Frivolous grounds
U/s 211 for false
charge of offence made with intent to injure
U/s 196 for using
false evidence knowing it to be false,
U/s 209 for
dishonestly making false claims in court.
Giving false
evidence u/s 191,
U/s 192 for
fabrication of evidence,
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| Cruelty is an inhuman treatment (CRUELTY AGAINST HUSBAND) |
