The laws relating to cruelty between husband and wife, are different in India than the laws of cruelty in advanced countries.
There, the cruelty must be accompanied by some physical injury.
So that on basis of nature of physical symptoms, judge can say whether punishable cruelty has happened or not.
In India, there is no clear cut definition of cruelty. Cruelty is allowed to be kept as a loose and a floating concept.
Because of this, from case to case, from judge to judge, concept of what is mental cruelty and what is not is developed.
It is an uncertain concept.
How mental cruelty is to be proved in court?
It is not necessary to prove physical injury. So how will a judge know whether wife is telling lie or not?
It all now dependence on how parties speak in court and how they present oral evidences.
No doubt, this law is causing great uncertainty in family disputes.
Haresh Raichura(c)
4/7/15
