Cruelty can be grounds for divorce under Indian law. Cruelty is defined under the Indian Penal Code and Hindu Marriage Act and includes both mental and physical harm. The paper analyzes case law where cruelty was and was not proven. In cases where cruelty was proven, divorce was granted. However, in other cases where allegations of cruelty were found to be baseless or insufficient evidence was provided, complaints were dismissed and accused parties were freed of charges. Overall, cruelty as a ground for divorce aims to provide relief for parties genuinely facing harm, while preventing misuse of the law.

1. Sociology Research Paper
Cruelty As A Ground For Divorce
Bharati Vidyapeeth University
New Law College
RAHUL GAUR

2. Introduction
Cruelty is prohibited universally. Cruelty is a conduct through which the person is suffering from
mental pain like depression, negative thoughts etc and physical cruelty like assault, battery etc.
cruelty is also a good ground for divorce in India under section 13(1) of Hindu marriage act.
Definition
In IPC Section 498A:- “Whoever, being the husband or the relative of the husband of a women,
subjects such women to cruelty shall be punished with imprisonment for a term which may
extend to three years and shall also be liable to fine.”
In Hindu Marriage Act:- “Has, after the solemnization of the marriage, had voluntary sexual
intercourse with any person other than his or her spouse.”
Sections For Cruelty In India In Different Acts
Indian Penal Code:- Section 498A, 304B
Hindu Marriage Act:- Section 13(1)
Indian Evidence Act:- Section 113A
Classification of cases under cruelty:-
A. Where cruelty was proved
1. Afroz Akbarali Mulani v. State of Gujarat
AIR 29 January 2016

3. In this case the accused Afroz was accused of domestic violence on her wife. This is
leading to physical cruelty on her. The court held the accused guilty and punishes him
under IPC and also grants the divorce to the deceased wife.
2. Pankaj Mahajan v. Dimple
AIR 30 September 2011
In this case after the marriage the petitioner Pankaj came to know that his wife Dimple
respondent was acting in very abnormal manner, as she used to abruptly get very
aggressive, hostile and suspicious in nature. The court held the petitioner true and grant
him divorce on the ground of mental cruelty which he is facing because of unsoundness
of mind of her partner.
3. Sau. Neeta w/o Mahesh Bhayani v. Mahesh s/o Tulsidas Bhayani
AIR 6 January 2017
In this case the respondent Mahesh was accused of not allowing petitioner her wife Neeta for not
leading her to go to her parents house and also not allowing her parents to come and meet her.
This leads to mental cruelty on her. The court held the respondent liable and grants divorce as
per petitioner demanded.
4. Keshaoro Rishnaji Lomdhe v. Nisha Londhe
AIR 23 March 1984

4. In this case the court felt that the provision of Special Marriage Act is now no more
appropriate. It should now be amended by the parliament to cope up with the new
changes arising in the society and its effects on the marriages.
B. Cases Where Cruelty Was Not Proved
1. Sarla Prabhar Waghmare v. State of Maharashtra
AIR 1989
In this Case the wife of the accused Sarla accused him for demanding motor cycle
and other things also from her parents as a marriage gift. Due to which she is feeling
depression. This leads to cruelty on her. The court held it wrong and dismissed the
complaint against the petitioner and frees him from all the charges.
2. Tarsem Singh v. Amrit kaur
AIR 1995
In this case the accused demanded dowry continuously forms his wife Amrit that is
deceased. The father of the deceased filled the case. As due to demand of dowry her
daughter was suffering from mental cruelty. The court come to conclusion that the
complaint against the petitioner was baseless and dismiss the complaint and also set
him free from all the charges.
3. Pyare Lal v. State of Haryana
AIR 20 February 1997
in this case the accused Pyare lal was accused of forcening his wife to commit
suicide. Which in term to law leads to both mental and physical cruelty? The court
held it as wrong and dismisses the complaint and also set accused Pyare lal free of all
the charges against him.
4. State of Maharashtra vs. Ashok Chotelal

5. AIR 1 August 1997
In this case respondent was accused for demanding dowary and for burning her wife.
Which leads to both mental and physical cruelty on the wife that is deceased. The
court don’t find the accused husband guilty and dismiss the case and also set him free
from all the charges against him.
5. Gopal Chakraboti v. State
AIR 22 June 2005
In this case the wife of accuse Gopal Chakraboti launched complaint against him.
That he doing physical violence on her. The court don’t held the accused guilty and
set him free from all the charges and also dismissed the complaint.
Conclusion
In end we can say that cruelty as a ground o divorce has both positive side and
negative side. But the persons using its negative side are not successful in their
intention as the judiciary of our country smells it and don’t let them successful in
their intention. But it is also proving to be effective for the people who are actually
facing cruelty. And they are getting the justice.