The Concept of Cruelty in Hindu Marriage Act in India

facts – Supreme Court of India – English Cases- Wear and tears of life. 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. Before 1955 era, it was not so easy to get divorced for a Hin-du 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, Shash