Introduction
The Madhya Pradesh High Court delivers the important judgment that will clarify the important concept of cruelty which is often used in matrimonial cases. The Hindu Marriage Act (HMA),1955 the court highlighted that the “Occasional Refusal is Not Cruelty” here the bench refers to engaging in physical relation and it is not by itself considered cruelty. The judgement will surely help in many matrimonial cases as the major aspect of it is the Cruelty and the clarification of it will provide clearer guidance to all.
Background of the case
- The concerned matter is Jitendra Jani v. Smt Bhumi Jani
- The husband filed for a divorce case accusing his wife that she refused to live with him as she spent most of the time after marriage at his parent’s house also mentioning that she failed to fulfil her marital duties.
- The Family Court rejected his petition about the same then he filed an appeal in the High Court of Madhya Pradesh.
- The High Court after considering the appeal states the dismissal of the appeal as the alleged Acts of the wife did not raise to the level of cruelty also highlights that “Occasional Refusal is Not Cruelty” for physical relationships.
- Both the parties have shown interest to reconcile then there is no dissolution of marriage, and this made the ground of divorce weaker.
Understanding Cruelty under the Hindu Marriage Act
The cruelty term is not defined in the Act, but the Cruelty is one of the valid grounds for divorce. The court has interpreted it by the ruling in such a way that it is always seen in the matrimonial cases. Under the section 13(1)(ia) of the Hindu Marriage Act,1955 cruelty is a valid ground of divorce. Cruelty is interpreted as per the action done towards the aggrieved spouse that leaves no chances or expected to live with others. The cruelty can be both physical and mental. The physical cruelty means violence, abuse etc and the mental cruelty means humiliation, false accusation etc.
Why is this judgment important?
The major issue which is seen in many matrimonial cases is the routine quarrels between the spouses which had become such big that it will lead of divorce and use it as cruelty ground for divorce and there is always lack of evidence of such day-to-day quarrels between spouses so it will be difficult to dissolve marriage over these quarrels. This judgement will help Judges likely to dismiss the weak and unfounded cruelty allegations for future cases.
Conclusion
The judgement by the High Court of Madhya Pradesh that highlights the “Occasional Refusal is Not Cruelty” for physical relationships under the Hindu Marriage Act,1955 is very helpful for judiciary to resolve the future matrimonial cases which is based on the unfounded cruelty allegation and the day to day quarrels which had become so big which leads to the cruelty allegation it also safeguard the marriage and also the dignity of the individual included in it.
About the Author
Tushar Kumar is a final-year BBA-LLB student at Guru Gobind Singh Indraprastha University. With a strong interest in Intellectual Property Rights, he enjoys exploring how law interacts with innovation and creativity. He’s equally passionate about legal writing, Research and believes in making complex legal ideas easier to understand through clear articles. Tushar continues to deepen his understanding of the law while contributing thoughtful pieces on contemporary legal issues.