Tag: Mental Cruelty

Distinction between cruelty u/s 498-A of IPC and that u/s 13(1)(i-a) of HMA 1955

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Shobha Rani Versus Madhukar -Reddy12/11/1987-We are, however, not concerned with criminal offence either under the Dowry Prohibition Act or under the Indian Penal Code. We are concerned with a matrimonial conduct which constitutes cruelty as a ground for dissolution of marriage. Such cruelty if not admitted requires to be proved on the preponderance of propabilities as in civil cases and not beyond a reasonable doubt as in criminal cases.

Reputation of the spouse if sullied amongst his colleagues amounts to mental cruelty-SC-26/02/21

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whether the conduct of the respondent would fall within the realm of mental cruelty. Here the allegations are levelled by a highly educated spouse and they do have the propensity to irreparably damage the character and reputation of the appellant. When the reputation of the spouse is sullied amongst his colleagues, his superiors and the society at large, it would be difficult to expect condonation of such conduct by the affected party.

Cruelty-threats to commit suicide

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It is well settled that giving repeated threats to commit suicide amounts to cruelty. When such a thing is repeated in the form of sign or gesture, no spouse can live peacefully. In the case on hand, the Appellant-husband has placed adequate materials to show that the Respondent-wife used to give repeated threats to commit suicide and once even tried to commit suicide by jumping from the terrace.

What is the kind of mental cruelty that is required to be established to get divorce?

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The question arises what kind of cruel treatment does clause 13(ia) contemplate? In particular, what is the kind of mental cruelty that is required to be established’? While answering these questions, it must be kept in mind that the cruelty mentioned in clause (ia) is a ground now for divorce as well as for judicial separation u/S. 10. Another circumstance to be kept in mind is that even where the marriage has irretrievably broken down, the Act, even after the 1976 (Amendment) Act, does not permit dissolution of marriage on that ground.