Law, normally, is all about punishing a person for his visible acts or omissions.
The Law does not propose to undertake to punish people for whatever may be "Mental- Going inside his mind".
1) When it comes to punishing a person for inflicting "Cruelty to wife", courts of some countries have taken view that Cruelty means, physical cruelty which can be proved or disproved in court.
2) Indian Courts do not follow foreign rulings which are made under their laws to meet social needs of those countries.
In India, in social context, "Cruelty" means "Mental Cruelty" as well as "Physical Cruelty" both. This is the way laws are interpreted.
3) If wife shows mark of injuries on her body, and complains of cruelty, it will be easy for the judge to believe her. Injury can be verified by physical examination.
4) But a husband or his in laws can torture a wife in many other ways, without physically hurting her.
The way they look at wife, the way they speak insulting words to wife, the way they withdraw from company of wife etc are mental cruelty.
Mental cruelty can take shapes in thousands of forms.
So here, the judge listens to wife and her witnesses if any. Then he listens to husband and his in laws. Then at the end of hearing, he forms an opinion whether wife has been subject to cruelty or not.
Thus, was there a mental cruelty or not depends on evidence and depends on the overall impression coming out from conducts of parties.
During, trial of such cases, the Judge often notices behaviour of Husband and his relatives. He also notices behaviour of wife and her relatives. Their facial expression during trial also helps Judge in understanding their nature.
Haresh Raichura
10/6/2014
(c) Haresh Raichura
