Cruelty in Marriage or Domestic Violence refers to certain behaviour which causes physical, emotional or mental suffering to the spouse. This abuse makes it difficult for the victim to continue living with the offender. Cruelty can be seen in various forms, i.e. it could be physical, mental, economic or sexual. Physical Cruelty refers to acts of physical violence such as hitting, slapping, or other forms of assault. Furthermore, the mental or emotional cruelty indicates insulting, humiliating, or ridiculing your spouse in private or in public. Emotional manipulation, constant criticism or isolation also counts for mental cruelty. Economic Cruelty occurs when one of the spouses withholds financial support or restricts access to family funds. Sexual cruelty refers to denial of sexual relationships or forcing unwanted sex by the partner. Social Cruelty refers to unreasonable restrictions on the spouse's relationships. It also includes preventing the spouse from working, pursuing education or socializing. Cruelty in Marriage is indeed a valid ground for divorce under the personal as well as the customary laws in India. Not just this, Section 85 of Bhartiya Nyaya Sanhita, 2023 (BNS) and 498A of India Penal Code considers cruelty in marriage as a criminal offense, in which the person can be punished for imprisonment of three years and could also be liable for fine. However, the definition of cruelty has been defined in Section 86 of Bhartiya Nyaya Sanhita, 2023 (BNS) and section 498A, of IPC. Definition of Cruelty in Marriage: According to the Section 86, Bhartiya Nyaya Sanhita, 2023 "Cruelty" means: 1). Any intended conduct be it mental or physical, such that it drives the woman to commit suicide, or causes damage to limb or health or danger to life of the woman. or 2). Harassment of the woman, where such behavior is to force her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
Section 13(1)(a) of the Hindu Marriage Act talks about Cruelty in marriage as a ground for divorce. However, the definition of Cruelty has not been defined in this section, but in Section 86, BNS, 2023.
A few acts of Cruelty include persistent accusations of infidelity, refusal to have marital relations, abusive language, or Harassment for dowry.
Section 27(1)(d) of the Special Marriage Act, 1954 considers Cruelty in marriage as a valid ground for divorce. The Act applies to interfaith or civil marriages.
Section 10 of the Indian Divorce Act of 1869 talks about Cruelty as grounds for divorce for Christian couples. The petitioner must present proof of Cruelty in a marriage that made their life unsafe and unbearable.
Section 2, Dissolution of Muslim Marriage Act, 1939, empowers Muslim women to seek divorce, which is khula or judicial separation. The husband subjects her to Cruelty like physical or mental abuse.
If you need more clarity on the laws related to domestic violence , explore these FAQs to find your answers. We are here for you
Yes, the petitioner must present the evidence which proves the Cruelty in marriage. Evidence like medical records, witness testimonies, or written communications, to uphold the claim of Cruelty in the marriage.
Yes, if any one of the spouses doesn't show affection, intimacy or communication can be deemed mental Cruelty.
If you are a victim of Cruelty in marriage, is it essential to document incidents with dates and details? Then, consult with a lawyer to understand your legal options. Furthermore, it is very vital to seek medical and counselling for a healthier future.
Yes, financial abuse, like controlling all finances, not giving the spouse any access to money or using the finances as a manipulation tool, can be considered Cruelty in several jurisdictions.
Yes, when Section 86, Bhartiya Nyaya Sanhita, 2023, defines cruelty, it puts an emphasis on the mental abuse part as well. The section states that, " any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for a property or valuable security or is on account of failure by her or any person related to her to meet such demand."
Absolutely, excessive drinking and use of substances affect the marital life adversely and thus may be treated as Cruelty.
The legal remedies in such cases include filing for divorce, seeking judicial separation, or filing a domestic violence case under the Section 498A, IPC for compensation.
No, mutual consent divorce do not require proving Cruelty or any other divorce ground as both the parties are ready for separation.
Abandonment without a reasonable cause that results in emotional or financial distress qualifies for Cruelty. However, abandonment is a ground of divorce in the personal as well as customary laws.