ISSN - 2250-1991
Volume : 3 | Issue : 1 | Jan 2014
The Concept of Cruelty in Hindu Marriage Act
* Prof. Kamlesh M. Pandya.
* Assistant Professor, SHETH D.L.LAW COLLEGE., Bhuj-Kachchh (Gujarat), India.
The era of 1955 is the most important for the Hindu. Pre 1955 era was considered as uncodified Hindu Law. It was the need
of that era that led the Parliament to enact four Acts for the Hindu. The Hindu Marriage Act, 1955 is one of the examples of
them. Inter Caste Marriage, Marriages with widow, Re marriages all are not taboo by the Act as all were in pre-1955 era. Even
Marriage is considered as a pious knot in Hindu Law. Hindu Law is based on Hindu Religion. So, there was no any provision
for DIVORCE in uncodified Hindu Law. The Male-dominated Hindu Society was ended by the Hindu Marriage Act. Both the
spouse are entitled for DIVORCE. However, Cruelty has always been a burning topic for the SUPREME COURT OF INDIA
regarding this Act. The concept of CRUELTY have been mentioned both in the provisions for JUDICIAL SEPERATION and
DIVORCE. However, it is difficult task to consider cruelty even after 59 years i.e., from the enactment of the Act.
Keywords : The Hindu Marriage Act – Cruelty – Mental and Physical types – Various
facts – Supreme Court of India – English Cases- Wear and tears of life.
Before 1955 era, it was not so easy to get divorced for a Hindu person. Because as per Hindu Religion, the marriage was
considered as a pious knot. So we cannot find any provision
for Divorce in uncodified Hindu Law that is known as, Shashtras, Puranas, Ved and other pious or holly books related with
Hindu Religion. Considering various stigmas in social life of
the Hindu, the parliament decided to enact laws related with
the Hindu. However, it was a difficult task to do so. The Hindu Marriage Act, 1955 revolves round the valid marriage between the Hindu, Valid rites of Hindu marriage,...