Cruelty is an inhuman treatment (CRUELTY AGAINST HUSBAND)

Cruelty is an inhuman treatment

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.

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,

 

Cruelty is an inhuman treatment (CRUELTY AGAINST HUSBAND)

 Thanks & Regards