Now, what could amount to cruelty against husband? It’s the duty of the court to consider all the facts and circumstances and then come to any conclusion and decide what amounts to cruelty. It is courts responsibility to consider and analyse the physical and mental condition of the victim. Nowadays, women misuse laws to take out their grudge and rivalry against man and their relatives. So there are certain grounds on which cruelty against man can be proven.
Misuse of laws mentioned under 498-A of IPC i.e., dowry laws. False accusations on husband or his relatives of demanding dowry.
Wife committing Adultery i.e., wife getting sexually involved with any other person during marriage. An extra marital affair is also a cruelty against husband.
Threating to commit suicide.
Filing false complaints against husband or his family members.
Disrespecting husband or passing derogatory comments. And degrading his reputation in anyone’s presence.
Wife marrying 2nd time without getting divorce to her first husband. That is committing an offence of bigamy.
Desertion by wife.
After justifying the above grounds and proving it to the court that the husband is victim of cruelty by wife, husband can get Decree of Divorce.
Written By: Ms.Anushka Saklecha, 5th Year Student ,Pravin Gandhi College of Law, Law Intern at S.Bhambri & Associates(Advocates), Delhi.