What is Divorce Under Section 13 (1) (ia) of The Indian Hindu Marriage Act?

Section-of-Indian-Hindu-Marriage-Act 13 (1) (ia) – Cruelty.

Section 13 (1) (ia) of the Hindu Marriage Act provides for divorce on the ground of cruelty.

Section 13(1)(ia) of the Indian Hindu Marriage Act, 1955 deals with the ground of cruelty for seeking a divorce. This provision states that either party to the marriage may seek a divorce on the grounds of cruelty.

What is Cruelty?

The term “cruelty” has not been defined in the Act, and therefore, its interpretation is left to the discretion of the courts. The court’s approach to determine cruelty varies from case to case as it is dependent on the facts and circumstances of each case.

Cruelty may manifest in various forms such as physical abuse, mental torture, emotional torment, verbal insults, harassment, etc. However, it is important to note that occasional arguments or differences of opinion, which are normal in any marriage, do not necessarily constitute cruelty.

To establish cruelty as a ground for divorce, it must be shown that the conduct of the spouse is such that it has become impossible for the other spouse to live with them. The cruelty must be of such a nature that it adversely affects the mental or physical health of the petitioner.

The jurisdiction to hear cases on the ground of cruelty lies with the Family Court or the District Court having jurisdiction over the area where the marriage was solemnized or where the parties last resided together, or where the respondent resides.

It is recommended to consult with a lawyer who specializes in family law in India, as they can provide specific guidance based on the facts and circumstances of your case.

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