What is the legal view on “cruelty”?

In this post, we look at the meaning of the term “cruelty”, from an Indian legal viewpoint. Cruelty may arise in case of relation between any two or more individuals, whether they be related or not. This term is commonly used in India in the context of cruelty in matrimonial disputes, but it can be generally used in any context such as cruelty in abuse of senior citizens, cruelty to animals etc.

(Source: New Indian express link)

The word “cruelty” has not been defined precisely and it has been used in relation to human conduct. As mentioned, it is commonly also used in relation to or in respect of matrimonial duties and obligations. It is a course of conduct and one which is adversely affecting the other. The cruelty may be mental or physical, intentional or unintentional.

It is settled by several court decisions that mental cruelty can cause even more serious injury than physical harm. It is to be determined on whole facts of the case and the relations between the persons involved in the act of cruelty. To amount to cruelty, there must be such willful treatment of the party which caused suffering in body or mind, either as an actual fact or by way of apprehension.

In the case of cruelty in the case of legally wedded spouses living together, the cruelty has to be in such a manner as to render the continued living together of spouses harmful or injurious having regard to the circumstances of the case.

The cruelty alleged may vary in terms of the variety of physical and mental actions amounting to cruelty from one party to the other. In case of cruelty to senior citizens from family members living with them, it can include things like willful neglect, abuse, denying of basic provisions such as food, water and medicines, forced isolation and so on. The decision on whether cruelty has been committed also depends on the type of life the parties involved are accustomed to or their economic or social conditions, their culture and human values to which they attach importance judged by standard of modern civilization in the background of the cultural heritage and traditions of our society. This applies for cruelty alleged in matrimonial disputes as well.

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