What amounts to cruelty against husband? Though 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 and most apparently some Indian Urban educated women have turned the tables and are using these laws as weapon to unleash personal vendetta on their husbands and innocent relatives and there are certain grounds on which cruelty against husband can be proved:-
• 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.
• Adultery by the wife means wife having s*xual relationship with some other person during the lifetime of marriage and there must be strict law to punish wife who has committed adultery.
• 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.
• 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.
• 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.
• Wife refusing to have s*x with husband without any sufficient reasons which can be considered as a ground of cruelty and husband can file a divorce petition.
• Lowering reputation of the husband by using derogatory words in presence of family members and elders.
• Lodging FIR against husband and in-laws which has later proved as false report.
• Conduct and misbehavior of the wife against husband i.e. pressuring husband to leave his home, insisting for the separate residence, mentally torture and disrespectful behavior towards husband and in-laws as well.
• Some other grounds of cruelty i.e. mental disorder and unsoundness of wife, Impotency of wife, illicit relationship of wife with some other person and Wife suffering from the filarial.
• Extra-marital affairs of wife can also be a ground of cruelty against the husband.
• Initiating criminal proceedings against husband and in-laws of husband with mala-fide intention by the wife.
CASE LAWS: situations in Hindu marriage where a wife was held as ‘cruel’ to the husband and the Hindu divorce law was applied by the Supreme Court:
I. Mrs. Deepalakshmi Saehia Zingade v/s Sachi Rameshrao Zingade (AIR 2010 Bom 16)
In this case petitioner/wife filed a false case against her husband on the ground of ‘Husband Having Girl Friend’ which is proved as false in a court of law so it can be considered as cruelty against husband.
II. Anil Bharadwaj v Nimlesh Bharadwaj (AIR 1987 Del 111)
According to this case a wife who refuses to have s*xual intercourse with the husband without giving any reason was proved as sufficient ground which amounts to cruelty against husband.
III. Kalpana v. Surendranath (AIR 1985 All 253)
According to this case it has been observed that where a wife who refuses to prepare tea for the husband’s friends was declared by the court as cruelty to husband.
Though the amendments introduced in the penal code are with the laudable object of eradicating the evil of Dowry, such provisions cannot be allowed to be misused by the parents and the relatives of a psychopath wife who may have chosen to end her life for reason which may be many other than cruelty. The glaring reality cannot be ignored that the ugly trend of false implications in view to harass and blackmail an innocent spouse and his relatives, i.e. fast emerging. A strict law need to be passed by the parliament for saving the institution of marriage and to punish those women who are trying to misguide the court by filing false reports just to make the life of men miserable and ‘justice should not only be done but manifestly and undoubtedly be seen to be done’.
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These are the some important Citation on the above subject. Judgement can be searched
1. BOMBAY HIGH COURT
2. SUPREME COURT OF INDIA
3. MADHYA PRADESH HIGH COURT: Dated 13 April, 2006
4. MADHYA PRADESH HIGH COURT : Dated 18 January, 1996
5. DELHI HIGH COURT
6. ALLAHABAD HIGH COURT:Dated 4 February, 2003
7. KERALA HIGH COURT: Dated 30 January 1997
8. SUPREME COURT OF INDIA : Dated 21 February, 2007
9. MADHYA PRADESH HIGH COURT : Dated 28 February 2003
10. MUMBAI HIGH COURT : Dated 4 April 2007
11. MADHYA PRADESH HIGH COURT : Dated 13 April, 2006
12. PUNJAB HARYANA HIGH COURT: Dated 4 February, 2010
13. SUPREME COURT OF INDIA : Dated 14 September 1981
14. HIMACHAL PRADESH HIGH COURT: Dated 18 November 1996
15. SUPREME COURT OF INDIA: Dated 5 January, 2007
16. MADRAS HIGH COURT: Dated 26 July, 2006
17. MADRAS HIGH COURT: Dated 21 July, 2005
18. ANDHRA HIGH COURT: Dated 24 July, 2006
19. MADRAS HIGH COURT: Dated 15 December, 2006
20. SUPREME COURT OF INDIA: Dated 2 May, 1969
21. MADHYA PRADESH HIGH COURT : Dated 5/3/1998
22. PUNJAB HARYANA HIGH COURT : Dated 6/10/2004
23. PUNJAB HARYANA HIGH COURT: Dated 27-08-2009
24. SUPREME COURT OF INDIA
25. MUMBAI HIGH COURT
26. MUMBAI HIGH COURT,
27. SUPREME COURT OF INDIA
28. MUMBAI HIGH COURT
29. MUMBAI HIGH COURT : Dated 24/3/1994
30. SUPREME COURT OF INDIA : Dated 12 May 2010
31. SUPREME COURT OF INDIA : Dated 6 July, 2010
32. ALLAHABAD HIGH COURT: Dated 12 July, 2010
33. SUPREME COURT OF INDIA : Dated 1 September, 2009
34. DELHI HIGH COURT : Dated 7 January 2010
35. DELHI HIGH COURT : Dated 12 February 2008
36. SUPREME COURT OF INDIA: Dated 4 August, 2009
37. DELHI HIGH COURT: Dated 13 December 2010
38. ANDHRA HIGH COURT: Dated 5 October, 2001
39. DELHI HIGH COURT : Dated 6 November, 1997
40. PUNJAB-HARYANA HIGH COURT : Dated 16 February, 2006
41. DELHI HIGH COURT
42. SUPREME COURT - Dated 07-06-2005
43. SUPREME COURT OF INDIA : YDated 09-07-1991
44. MUMBAI HIGH COURT
45. SUPREME COURT OF INDIA: Dated 7 November, 2008
46. MUMBAI HIGH COURT : Dated 2008
47. DELHI HIGH COURT : Dated 13 April, 2005
48. SUPREME COURT OF INDIA: Dated 4 December, 2008
49. PATNA HIGH COURT: Dated 30 June, 2010
50. PUNJAB-HARYANA HIGH COURT : Dated 10/3/1989
51. PATNA HIGH COURT : Dated 12 August, 2010
52. AHMEDABAD HIGH COURT : Dated 2010
53. DELHI HIGH COURT : Dated 7 January, 2010
54. MUMBAI HIGH COURT: Dated 17 February, 2010
55. MUMBAI HIGH COURT: Dated 23 February, 2010
56. SUPREME COURT OF INDIA: Dated 10 February, 2010
57. DELHI HIGH COURT : Dated 20 January, 2010
58. SUPREME COURT OF INDIA : Dated 22 March, 2010
59. MUMBAI HIGH COURT : Dated 12 March, 2010
60. SUPREME COIURT OF INDIA : Dated 20 March, 2001
61. MADRAS HIGH COURT: Dated 23 June, 2010
62. HIGH COURT OF UTTARAKHAND: Dated 26 August, 2010
63. HIGH COURT OF UTTARAKHAND: Dated 26 August, 2010
64. HIGH COURT OF GUJRAT: Dated 9 August, 2010
65. HIGH COURT OF DELHI: Mrs. Dated 20 August, 2010
66. HIGH COURT OF DELHI: Dated 7 May, 2010
67. HIGH COURT OF DELHI: Dated 14 July 2010
68. RAJASTAN HIGH COURT: Dated 29 October, 1984
69. MADRAS HIGH COURT: Dated 20 November, 2007
70. MADRAS HIGH COURT: Dated 19 February, 2007
71. MADRAS HIGH COURT:Dated 20 November, 2006
72. SUPREME COURT OF INDIA: Dated 10 July, 2008
73. DELHI HIGH COURT: Dated 19 November, 2010
74. SUPREME COURT OF INDIA : Dated 08 September 2010
75.SUPREME COURT OF INDIA : Dated 8 October,2010
76. UTTARANCHAL HIGH COURT: Dated 17 March, 2011
77. METROPOLITAN MAGISTRATE, MAHILA COURT, CENTRAL DISTRICT, DELHI: Dated 24 May 2011
78. SUPREME COURT OF INDIA : Dated 13 May 2011
79. PUNJAB HARYANA HIGH COURT : Dated 30 April 2011
80. BOMBAY HIGH COURT : Dated 06 May 2011
81. SUPREME COURT OF INDIA: Dated 18 April 2011
82. DELHI HIGH COURT : Dated 31 January 2011
83. SUPREME COURT OF INDIA : Dated 04 August 2009
84. MADRAS HIGH COURT : Dated 09 July 2010
85. MADRAS HIGH COURT : Dated 18 November 2009
86. PUNJAB HARYANA HIGH COURT : Dated 07 February 1995
87. PUNJAB HARYANA HIGH COURT : Dated 27 August, 2009
88. DELHI HIGH COURT: Dated 13 January, 2011
89. DELHI HIGH COURT: Dated 16 January, 2009
90. DELHI HIGH COURT: Dated 4 February, 2003
91. DELHI HIGH COURT: Dated 10 September, 2010
92. SUPREME COURT OF INDIA : Dated 17 August, 2007
93. ALLAHABAD HIGH COURT : Dated 18 November, 2005
94. SUPREME COURT OF INDIA : Dated 30 September, 2011
95. DELHI HIGH COURT : Dated 25 September, 2008
96. MADRAS HIGH COURT : Dated 21 August, 2009
97. SUPREME COURT OF INDIA : Dated 25 March, 2010
98. KERALA HIGH COURT : Dated 25 January, 2007
99. DELHI HIGH COURT : Dated 1 June, 2006
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