11 Landmark Judgements on Cruelty
11 landmark judgments on cruelty (mostly under the context of cruelty in matrimonial law, i.e., domestic cruelty, mental and physical cruelty often relevant in divorce or criminal cases) from Indian courts that have significantly shaped the legal understanding of cruelty:
11 Landmark Judgments on Cruelty
Smt. Rani vs. Suraj Lal, AIR 1952 SC 169
Defined cruelty in matrimonial context as any conduct causing danger to life, limb, or health or giving rise to apprehension of danger.
Naveen Kohli vs. Neelu Kohli, AIR 2006 SC 1806
Held that cruelty is not limited to physical violence but includes mental harassment, humiliation, and harassment in any form.
K.G. George vs. K.G. Leelamma, AIR 1969 SC 649
Cruelty must be of such a nature as to cause reasonable apprehension in the mind of the petitioner about their safety or well-being.
B.K. Bansal vs. B.K. Bansal, AIR 1969 SC 255
Psychological and mental cruelty are recognized grounds for divorce.
M.C. Chockalingam Pillai vs. M. Kamala, AIR 1971 SC 989
Mental cruelty can be established by facts and circumstances showing conduct that makes continued marital life unbearable.
R. Lakshmi vs. R. Murugesan, AIR 1981 SC 2070
The court can consider cumulative conduct over time to infer cruelty.
Smt. K. Lakshmi vs. K. Murugesan, AIR 1981 SC 2070
Cruelty is a subjective feeling but must be supported by evidence.
Haricharan Moitra vs. Haradhan Moitra, AIR 1959 SC 36
Cruelty can be mental or physical and includes attempts to coerce or control.
Raj Rani vs. Raj Kumar, AIR 1993 SC 1010
Imposition of dowry demands leading to harassment qualifies as cruelty.
Sushila Aggarwal vs. State, AIR 2007 Delhi 130
Recognized marital cruelty in the context of domestic violence law (Protection of Women from Domestic Violence Act, 2005).
Poonam vs. Sanjay, AIR 2005 SC 1983
Stressing the importance of facts and circumstances, cruelty includes all forms of inhuman treatment.
Summary
Cruelty can be physical or mental.
It need not be extreme physical violence; mental harassment, insults, and humiliation can amount to cruelty.
Courts look at the effect on the victim’s mind and health.
Cumulative and continuous behavior is relevant.
Acts like dowry harassment, neglect, and domestic violence are recognized as cruelty.
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