Section 13(1) of the Hindu Marriage Act, 1955 defines Cruelty as ‘willful and unjustifiable conduct to life, limb or health, bodily or mental or as to give rise to a reasonable apprehension of such danger’. Though the section that defines cruelty does not restrict itself to one gender but it was enacted to protect the interest of women which is now being misused to a great extend by the way of false complaints and false implications. The cases of cruelty against men are very less compared to that of women and the law on cruelty assumes that the wife is a victim. However, this misuse of this assumption has given some protection to the husbands.
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Making false allegations against the husband, misuse of dowry laws, domestic violence act and sec-498-A of IPC by wife against husband and in-laws, lowering the reputation of her husband and in-laws, false charges of adultery, termination of pregnancy without the knowledge of husband are some of the grounds that constitute cruelty against men. Concerning mental cruelty a term known as “psychological terrorism” is being used, mental cruelty includes Harassing the husband for constant demand of money for the settlement, A showcase of aggressive behavior, demand to transfer of property on her name, defaming her in-laws, continuing illicit relation outside, mental disorder, unsoundness of mind impotency of wife, malafide intentions of wife to cause mental trauma to husband and in-laws are some of the grounds that constitute mental cruelty against the husband. A man facing any kind of cruelty is entitled to divorce.
Men’s rights activist in India claim that the divorce, cruelty and child custody laws are so biased in India that it not only led to innocent men facing charges but also allowed their divorced wives to stop them from seeing their children, they also assert that these biased laws are the reason that the suicide rate of Indian men are twice more than that of women
It is undeniable that women face cruelty every day and to a much larger extent than men do, but even though the number of cases is less that doesn’t mean it doesn’t exist. It must be ensured that law shouldn’t be made wide enough to be misused by one party.
In case of any doubts in matter pertaining to Family Matters in Faridabad you can contact –
Advocate Sunil Kumar Bakshi
Office – 2043/16 Faridabad – 121002, Near Jain Mandir
Also At – Chamber No.272, District & Sessions Court, Faridabad.
Mobile – +91-9873750515, 9811680103
Website – www.bakshiandassociates.com
