LexSHOBHA RANI versus MADHUKAR REDDI
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A
SHOBHA RANI
v.
MADHUKAR REDDI
NOVEMBER 12, 1987
B
[B.C. RAY AND K. JAGANNATHA SHETTY,'JJ.)
c
Hindu Marriage Act,
1955: Section 13(1)(i-a)-'Cruelty'-
Demand for dowry-Whether cruelty-Whether wife entitled to decree
for dissolution of marriage-'Intention'-Whether necessary to consti-
tute and prove cruelty in matrimonial cases.
Dowry Prohibition Act, 1961: 'Dowry'-Demand of-Whether
amounts to cruelty entitling wife to decree for dissolution of marriage.
Indian Penal Code, 1860: Section 498A-'Cruelty'-What is-
Demand for dowry-Whether amounts to cruelty-Whether wife
D entitled to decree for dissolution of marriage.
The appellant-wife, a post-graduate in biological sciences,
married the respondent-husband, a medical doctor on December 19,
1982. Soon after, relations between them became bitter. Ultimately, the
appellant-wife moved the court for divorce on the ground of cruelty.
E
Her main complaint was about the dowry demanded by the husband or
his parents.
F
G
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The trial court rejected the appellant's case on the ground that
there was no satisfactory evidence that the demands were such as to
border on harassment.
The High Court also rejected her case and held that the appellant
appeared to he hypersensitive and imagined too much and too un-
natural things, that the demand for money had to be viewed from a
proper angle, and that there was nothing wrong in the respondent, who
was a doctor, asking his rich wife to spare some money.
Allowing the appeal by special leave,
HELD: 1.1 In order to curb the evil practice of dowry, the Parli-
ament enacted the Dowry Prohibition Act, 1961 prohibiting the giving
or taking of dowry. But, as the pernicious practice continued in some
H
communities, the Dowry Prohibition (Amendment) Act, 1984 was enac-
JOJO
y
SHOBHA RANI v. MADHUKAR REDD!
1011
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ted with considerable changes in the parent Act. Likewise, the Indian
)I,
Penal Code, 1860 was amended by introducing an entirely new offence A
with regard to criminal jurisdiction. Section 498A was introduced pro·
viding for punishment to the husband or the relative of the husband of a
woman, subjecting her to cruelty. [lOISF-HI
A new dimension has been given to the concept of cruelty. Expla· B
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nation to s. 498A of the Indian Penal Code provides that any wilful
conduct which is of such a nature as is likely to drive a woman to
commit suicide or likely to cause grave injury or danger to life, limb or
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health (whether mental or physical of the woman), and harassment of
t-
the woman with a view to coercing her or any person related to her to
meet any unlawful demand for any property or valuable security would c
constitute cruelty. lI016E·Fl
1.2 Cruelty simpliciter is a ground for divorce under section 13 of
the Hindu Marriage Act. However, the word 'cruelty' has not been
defined. Indeed, it could not have been defined. It has been used in
relation to or in respect of matrimonial duties and obligations. It is a D
course of conduct of one which is adversely affecting the other. The
cruelty may be mental or physical, intentional or unintentional. If it is
physical, the Court will have no.problem to determine it. It is a question
of fact and degree. If it is mental, the enquiry must begin as to the
'-...(
nature of cruel treatment and the impact of such treatment in the mind
of the spouse, whether it caused reasonable apprehension that it would E
be harmful or injurious to live with the other. Ultimately, it is a matter
of inference to be drawn by taking into account the nature of the
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conduct and its effect on the complaining spouse. There may, however,
be cases where the conduct complained of itself is bad enough and
per se unlawful or illegal. Then the impact or injurious effect on
the other spouse need not be enquired into or considered. In such F
(' cases, the cruelty will be established if the conduct itself is proved or
admitted. [1013E·H; 1014A)
1.3 The matrimonial conduct which constitutes cruelty as a
ground for dissolution of marriage, if not admitted, requires to be
proved on the preponderance of probabilities as in civil cases and not G
beyond a reasonable doubt as in criminal cases. [1016G]
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1.4 Evidence as to harassment to the wife to meet any unlawful
demand for money is necessary to constitute cruelty in criminal law.
This is the requirement of the offence of cruelty defined under s. 498A
of the Indian Penal Code. It is not so under s. 13(l)Excerpt shown. Read the full judgment & AI analysis in Lexace.