Cruelty Against Husband: Legal Options

Background

Cruelty is regarded as an extremely harsh derogatory, torturous and rude behaviour towards someone. Usually we read cases related to cruelty against women. However, in some cases, there exists cruelty against men as well, and it becomes the very duty of legal predicaments to safeguard the interest of people. The grounds on which cruelty against a husband could be established are

  1. Misuse of dowry laws u/s 498 A IPC
  2. Adultery by wife and inappropriate behaviour
  3. When a woman opts for second marriage without divorce from first
  4. Threatening the husband or in laws to commit suicide
  5. Coercion caused to husband or his family
  6. Abusing or torturing husband and his family
  7. Misbehaving with husband in front of others
  8. Physical harassment and torture
  9. Mental disorder and unsoundness of mind
  10. Extra marital affairs of wife
  11. Malafide criminal complaints against husband and his family members
  12. Impotency of wife and illicit relationships with other men
  13. Filing of false FIR by wife
  14. Using derogatory words against husband and his wife

Other Grounds for Divorce

  • Adultery by wife
  • Desertion without a probable and reasonable cause
  • Conversion of wife from one religion to another, without the consent of husband
  • Unsoundness of mind or insanity

Scope of crulty under section 13(1)(ia)

  1. If cruelty is of such nature that it becomes difficult for the partners to live together
  2. When the behaviour is very outrageous
  3. When there are no chances of change and mutual respect
  4. Levelling of false allegations by wife on husband
  5. Social torture by wife to her husband
  6. Mental cruelty in matters that are personal to husband and wife
  7. Mental harassment, disregard and showcasing hatred
  8. No mutual harmony
  9. Absence of mutual respect and peace.

Conclusion

The very concept of mutual regard and harmony is right of everyone. It is equally important for men to experience respect, honour, dignity, love and harmony in a relationship. Since marriage is said to be a social relationship and comity between two potentially compatible and equal persons, it is certainly very important to maintain the very rapport with mutual behaviour and respect.

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