what is cruelty
KANDE VENKATESH GUPTA
(Querist) 08 August 2008
This query is : Resolved
Whether insistence made by the husband to his wife to file a suit for partition of her parental joint family property amounts to cruelty within the meaning of S.498-A of I.P.C.?
Srinivas.B.S.S.T
(Expert) 08 August 2008
Explanation b provided cruelty in Section 498-A IPC reads as follows
Harassment of the woman where such harassment 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.
Hence if the insistence to file a suit for partition is against the will of the wife and she complains about it, will surely amount to cruelty under Section 498-A.
K.C.Suresh
(Expert) 09 August 2008
Dear Venkat, Sri has given it rightly. If your case will come on the floor "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" section is attracted. I hope you are clear.
praveen kumar
(Expert) 10 August 2008
S.498A IPC defines the term "cruelty"as any wilful conduct which is of such 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
(b)harassment of the woman where such harassment 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 offailureby her or any person related to her to meet such demand.
In your case there is no such wilful conduct as to drive her to commit suicide or cause any injury,danger to life limb or health,mental or physical nor it is a harassment to meet any unlawful demand,as it simply an insistence to ask her for her right, therefore it does not amount to "cruelty" under S. 498A IPC
arunprakaash.m.
(Expert) 11 August 2008
supreme court defined crueltity under various heads. refer the concerned cases.
