Intention is not a necessary element of cruelty in matrimonial offence
Evidence as to harassment to the wife to meet any unlawful demand for money is necessary to constitute cruelty in criminal law. This is the requirement of the offence of cruelty defined under s. 498A of the Indian Penal Code. It is not so under s. 13(1)(i-a) of the Hindu 1012
Marriage Act, 1955. The cruelty need not be only intentional, wilful or deliberate. It is not necessary to prove the intention in matrimonial offence. From the context and the set up in which the words `cruelty' has been used in s. 13(1)(i-a), intention is not a necessary element in cruelty. That word has to be understood in the ordinary sense of the term in matrimonial affairs. If the intention to harm, harass or hurt could be inferred by the nature of the conduct or brutal act complained or, cruelty could be easily established. But the absence of intention should not make any difference in the case, if by ordinary sense in human affairs, the act complained of could otherwise be regarded as cruelty. The relief to the party cannot be denied on the ground that there has been deliberate or wilful ill-treatment. [1020F-H; 1021A-C] 1.5 The matrimonial duties and responsibilities are of varying degrees from house to house or person to person. Therefore, when a spouse makes complaint about the treatment of cruelty by the partner in life or relations, the Court should not search for standard in life. In matrimonial cases, the Court is not concerned with the ideals in family life. It has only to understand the spouses concerned as nature made them, and consider their particular grievance.
Supreme Court of India
Shobha Rani vs Madhukar Reddi on 12 November, 1987
Equivalent citations: 1988 AIR 121, 1988 SCR (1)1010
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