EXPLORING THE DARK SIDE: CRUELTY AS A WEAPON IN INDIAN DIVORCE CASES

Abstract

This paper delves into the rising trend of cruelty being used as a strategic tool in Indian divorce cases, examining both its legal interpretations and its broader social implications. In the context of the Indian legal framework, cruelty is one of the most common grounds cited for divorce under the Hindu Marriage Act, 1955, and other personal laws. However, the subjective nature of the term "cruelty" has led to its exploitation, with both men and women using allegations of cruelty as a weapon to achieve favourable settlements, custody decisions, or financial benefits.

The abstract explores how Indian courts have evolved in defining cruelty, differentiating between physical and mental cruelty, and highlights significant judgments that have shaped the understanding of this concept. At the same time, it draws attention to the misuse of these laws, where false or exaggerated claims of cruelty are filed, and causing significant emotional and financial harm to the accused. This phenomenon raises questions about gender bias, victimization, and the justice system's role in safeguarding against legal abuse.

The paper also considers the societal dimensions of cruelty claims, examining how entrenched patriarchal norms and changing family dynamics influence divorce proceedings. The legal battles surrounding cruelty in divorce cases often reflect deeper issues of control, power struggles, and the stigmatization of divorce in Indian society.

By investigating case studies, reviewing legal precedents, and analysis the psychological toll on both plaintiffs and defendants, this research aims to provide a nuanced understanding of cruelty as both a legitimate ground for divorce and a potential weapon of manipulation in India’s evolving legal landscape. Finally, it proposes reforms to address the misuse of cruelty claims, advocating for a more balanced and just approach to marital disputes.