I require to give clarification to some points raised by Sh. Kapoor.
"2. This is not cruelity under 498-a per se. As there is no harassment to coerce her to meet any illegal demand of property by installing CCTV. Also, you are not causing any harm to life or limb of the lady."
My humble submission is this:
Section 498-A , Explanation : (a) says: "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
(emphasis is mine)
Now, it is permissible in law to read the particular clause in this way "any wilful conduct which is of such a nature as is likely to cause grave injury (to) health (whether mental or physical) of the woman.
The requirement is not actually to cause grave injury to mental or physical health but it may likely to cause grave injury to mental or physical health.
24 hours surveillance cameras are undoubtedly health hazard, not only to woman but most of the family members. We saw in TV serial "Big Boss", people, who are constantly under camera gaze, after a few days, became aggressive, mentally insane and imbalanced and fighting with each other without any rhyme and reason. The question comes before us is that whether installing CCTV for 24 hour surveillance is an act of cruelty or not? I seek permission to quote from the judgment of "Vimla Mehra Vs. K.S. Mehra" (2009)3 AD Delhi 11, wherein an attempt is made to clear the concept of cruelty. Even though this judgment relates to Section 13 (1)(ia) of HMA, it is equally applicable to understand the word "cruelty" appears in Section 498-A.
"Human mind is extremely complex and human behaviour is equally complicated. Similarly human ingenuity has no bound, therefore, to assimilate the entire human behaviour in one definition is almost impossible. What is cruelty in one case may not amount to cruelty in other case. The concept of cruelty differs from person to person, depending upon his upbringing, level of sensitivity, educational, family and cultural back ground, financial position, social status, customs, traditions, religious beliefs, human values and their value system".
(Emphasis is mine)
My humble submission is that a wife of reasonable level of sensitivity will resent to be under 24 hour surveillance of CCTV cameras at home and can invoke Section 498-A provision.