Mental Cruelty in Hindu Marriage
Table of Contents
How is mental cruelty explained in the Hindu Marriage Act?
The Hindu Marriage Act of 1955 explained some reasons for filing for divorce. The ground of cruelty was introduced to the law after the passing of the Marriage Laws (Amendment) Act of 1976. It states that a decree of divorce can be obtained by either party if one of the spouses has been treating the other spouse with cruelty.
Still, the word cruelty has not been defined in the Hindu Marriage Act 1955 either because it is almost impossible to provide a specific definition for it.
Mental cruelty means conduct on the part of one spouse that has the potential of interfering with the mental health of the other spouse or, in the mind of the other spouse, creates a reasonable apprehension that it will be dangerous for him or her to live with the other spouse.
How one spouse can mentally harm the other spouse? What is considered as Mental Cruelty?
This is a pattern of behavior where one spouse exposes the other to behavior that triggers severe emotional pain and makes it impossible to continue living in the marriage. It can include:
- Verbal abuse: Continuous insult or the use of foul language very often
- Harassment: Threats or preventing the other spouse from seeing friends and families
- Neglect: Continual disregarding of the other spouse’s welfare
- Humiliating treatment: Behaviour that is designed to cause discomfort or harassment to the other spouse
- Mental cruelty as a cause of divorce is a very general term, and its interpretation varies from one case to another. Sometimes, it is hard to prove it with concrete evidence. Thus, it is most often a matter of
Some landmark judgments on the grounds of mental cruelty:
- Shobha Rani v. Madhukar Reddi (1988)
- In its judgment, the Supreme Court pointed out that the word ‘cruelty’ cannot have a precise meaning.
- Mayadevi v. Jagdish Prasad (2007)
- The Supreme Court held that the husband can also suffer from mental cruelty.
- Arun Vyas v. Anita Vyas (1999)
- The Supreme Court held that the charge of Section 498-A is cruelty and that it is a continued offense.
- Vishwanath S/o Sitaram Agrawal v. Sau. Sarla Vishwanath Agrawal (2012) 2 Arb. LW (Del) 3.
- The Court found that the wife’s conduct in putting the husband into bad light among the community was mental cruelty.
Mental abuse comprises long-term and extreme verbal or mental harassment like threats, humiliation, derogatory remarks, or put down.
We have to erase this stigma from society that mental health is not a real sickness. Thousands of people are suffering mental cruelty in their marriages.
