Relevant factors for determining cruelty under s.498A of IPC
Section 498A of the IPC extends protection to the woman from the whims andcaprices of man. This section was incorporated in the statute to fill in the lacuna in the existing law, so that if the wife commits suicide, the guilty does not escape. 'Cruelty' as defined in section 498A means "any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb, or health whether mental or physical of the woman, or harassment of the woman where such harrassment is with a view to coercing her or any person related to her to meet any unlawful demand, for any property or valuable security or is on account of failure by her or any person related to her to meet such demand." The expression 'cruelty' takes within its sweep both mental and physical agony and torture. The concept of cruelty varies form place to place and individual to individual and according to the social and economic status of the person involved. The question whether the act complained of was an act of cruelty has to be determined from the whole fact and relationship between the parties. The cultural and temperamental state of life among them are factors from where the cruelty has to be inferred and will depend on the facts of each case. The expression cruelty postulates such a treatment as to cause reasonableapprehension in the mind of the wife that her living with the husband will be harmful and injurious to her life. Therefore, to decide the question of cruelty the relevant factors are the matrimonial relationship between the husband and wife, their cultural and temperament status in life, state of health, their interaction in their daily life which dominate the aspect of cruelty.
https://www.lawweb.in/2013/03/relevant-factors-for-determining.html
Bombay High Court
Sarojakshan Shankaran Nayar, And ... vs State Of Maharashtra on 17 August, 1994
Equivalent citations: 1995 (2) BomCR 47, (1995) 97 BOMLR 859, 1995 CriLJ 340
