The human mind is tremendously complex, and human behaviour is no less so. Human creativity knows no bounds, therefore encapsulating all human behaviour in a single description is nearly impossible. The term "cruelty" has a broad definition. In certain cases, what is cruel in one circumstance may not be cruel in another. It varies based on a person's social background and status, upbringing, degree of education, financial situation, traditions, customs, and beliefs, as well as their level of sensitivity to certain issues. As a result, Indian law, particularly Hindu law, has not defined what exactly constitutes cruelty. It is up to the courts to judge and set precedents for what constitutes cruelty in a specific case.

What is the definition of cruelty?

Cruelty refers to acts of violence. A simple dispute, trivial outrageous behaviour, or disagreements between the spouses, on the other hand, do not fall under the category of cruelty because they are all part of everyday marital life. Cruelty-inducing behaviour should be harsh and severe in character. Cruelty does not necessarily have to be physical. Though physical violence is a necessary component of cruelty, a continuing pattern of ill-treatment or mental or physical abuse of either partner qualifies as cruelty.

Cruelty 一 Ground for Divorce

Matrimonial issues involve sensitive human and emotional relationships. It necessitates reciprocal respect, esteem, love, and affection, as well as enough room for fair modifications with the spouse. In addition, the partnership must adhere to societal conventions. Matrimonial behaviour is now controlled by a legislation that was drafted with such norms and the changing social order in mind. With some exclusions, divorce refers to the legal breakup or dissolution of a marriage so that one can leave his or her spouse and be free of marital obligations. 

Legal Standpoints

Section 13(1)(ia) of the Hindu Marriage Act of 1955 contains the following legal provisions for divorce based on cruelty: "Any marriage solemnised, whether before or after the beginning of this Act, may be dissolved by a judgement of divorce on a petition brought by either the husband or the wife on the premise that the other party has treated the petitioner with cruelty after the solemnization of the marriage."

On the premise of this section, we may describe the legal foundation for divorce as follows: anybody who is subjected to physical or mental torture by the other party, or any other sort of harassment, can bring a claim for divorce to the court using this basis. In addition, courts have found in a number of cases that the desire to be cruel is not an essential part of cruelty as defined by this provision.

Cruelty against Women in marriage 

Cruelty is a cause for divorce in India, according to several personal laws. "A woman married under Muslim law shall be able to obtain a decision for the dissolution of her marriage on the premise that the husband abuses her with cruelty." says Sec. 2 (vii) of the Dissolution of Muslim Marriage Act, 1939.

The word cruelty has indeed been made a ground for dissolution of marriage under Section 32 (dd) of the Parsi Marriage and Divorce Act, 1936, as follows: "The defendant has treated the plaintiff with cruelty or has behaved in such a way as to render it in the judgement of the Court improper to compel the plaintiff to live with the defendant since the solemnization of marriage."

"Any wife may present a petition to the District court or the High Court, praying that her marriage be dissolved on the ground that, since the solemnization thereof (her husband) has been guilty of adultery coupled with such cruelty as would have entitled her to a divorce without adultery," according to Section 10 of the Indian Divorce Act, 1869.

The term "cruelty" has been defined as follows under Section 27 (d) of the Special Marriage Act of 1954: "where the respondent has treated the petitioner with cruelty since the solemnization of marriage."

"The other party has treated the petitioner with cruelty after the solemnization of marriage," says Section 13(1) (ia) of the Hindu Marriage Act, 1955. Cruelty as a basis for divorce was added to the Act in 1976 as a result of an amendment. Prior to then, it was only a legal basis for judicial separation, but not for divorce. 

Apart from these personal regulations, Section 498A of the Indian Penal Code makes cruelty to women a criminal offence. "Whoever, being the husband or a relative of the husband of a woman, submits such lady to cruelty must be punished by imprisonment for a time which may amount to two years." a term of imprisonment of up to three years, as well as a monetary penalty." The essence of the offence is that it is not bailable, cognizable, or compoundable. It includes not only physical but also mental cruelty in the form of "torture, and other forms ofirrational behaviour. 

The Parliament adopted the Protection of Women from Domestic Abuse Act, 2005 to protect women from domestic violence and to make the right to life granted under Article 21 of the Indian Constitution more relevant (for short PWDVA). If the woman is subjected to any type of domestic abuse, the statute imposes a one-year jail sentence and a fine of up to Rs. 20,000. Section 498A, on the other hand, exclusively provides relief to women who have been subjected to cruelty by their husbands or their husband's relatives. Under this clause, husbands who are subjected to abuse, particularly mental cruelty, have no recourse.

Cruelty against men!? It is a thing! 

But, is a husband entitled to divorce?

Yes he is! 

In the case of Mayadevi Vs. Jagdish Prasad , a landmark case decided by the Supreme Court in February 2007, found that just about any sort of mental cruelty suffered by any spouse, not just the woman, but also the man, might lead to a divorce on grounds of cruelty. In this case, the respondent filed for divorce following his wife's repeated acts of cruelty, including the allegation by the husband (respondent) that the wife refused to feed him and his children and would instead criticise the husband and his family members upon daily scenarios.

As a result, the husband was subjected to any form of abuse, he is also entitled to divorce.

Conclusion 

It is undeniable that there are fewer divorce complaints filed on the basis of cruelty. People, in general, seek to settle into whatever situation they find themselves in. However, one must recognise that the measures provided will assist and protect one from the suffering. As a result, legislation may differ depending on state laws or the grounds that come under the definition of cruelty. So, in my view, if any of one is interested in learning more about the reasons that would fall inside the definition of cruelty, you should visit a local lawyer or research your state's relevant legislation.