What do you understand by cruelty by the husband under the Dissolution of Muslim Marriage Act, 1939?

Question: What do you understand by "cruelty by the husband" under the Dissolution of Muslim Marriage Act, 1939? [RJS 2014]

Find the question and answer of Muslim Law only on Legal Bites. [What do you understand by "cruelty by the husband" under the Dissolution of Muslim Marriage Act, 1939?]

Answer

The test of cruelty is based on universal and humanitarian standards by the husband which would cause such bodily or mental pain as to endanger the wife's safety or health [Shamsunnissa Begum's case, II. M.I. 551]. According to Section 2 of the Dissolution of Muslim Marriage Act, 1939, the wife is entitled to a decree for the dissolution of her marriage if the husband treats her with cruelty, that is to say,

(a) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or
(b) associates with women of evil repute or leads an infamous life, or
(c) attempts to force her to lead an immoral life, or
(d) disposes of her property or prevents her exercising her legal rights over it, or
(e) obstructs her in the observance of her religious profession or practice, or
(f) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran

In another case, the Bombay High Court in Shakla Bano v. Ghulam Mustafa, AIR 1971 Bom 167, observed that an unwilling wife cannot be compelled to live along with her husband. Cruelty can be of various shapes. It depends on various factors like health, environment, and education, economic and social background.

It is a settled position that persistent charges of adultery and immorality may amount to cruelty. Thus it is clear that to constitute cruelty, it is not necessary that there should be actual violence or a reasonable apprehension of it. The likelihood of violence is a good ground for the grant of relief. Presently physical violence is not the only essential ingredient of cruelty. Mental agony also amounts to cruelty.

In Shahina Praveen v. Mohd. Shakeel, AIR 1987 Del. 210, it was held that immediately after the marriage of the parties, the plaintiff started maltreating the defendant. The plaintiff used to beat and treated the defendant with cruelty during her stay with him. The institution of the criminal cases against her and her relations further amounts to cruelty raising a reasonable apprehension in her mind that in case she is forced to join her husband, her life will be in danger.

In Sirajmohamedkhan Janmohamad Khan v. Hafizunnisa Yasin Khan, 1981 AIR 1972, where the wife has reasonable apprehension arising from the conduct of the husband that she is likely to be physically harmed due to persistent demands of dowry from her husband's parents or relations such an apprehension also would be manifestly a reasonable justification for the wife's refusal to live with her husband.

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