Mental cruelty is turning out to be the most cited reason for divorce these days, say advocates. Since mental cruelty is more subtle, and leaves no scars like physical violence, approaching the courts for a divorce on this basis is a preferred route for couples.
If wives are approaching the courts for divorce under Section 498A (husband or relative of husband of a woman subjecting her to cruelty), for most husbands, their wives filing false cases and getting them arrested is amounting to cruelty, say advocates.
Since January this year, nearly 46 per cent of the cases that came to the family court are individuals who are seeking divorce from their partners on the basis of mental cruelty. Interestingly, most of these cases are filed by husbands, asking for separation from their wives because they were putting them through mental torture and filing false cases against them.
“There have been quite a number of cases where women have been misusing Section 498A. However, in the process, the husbands have been facing humiliation by going to jail for offences they have not committed. In such situations, if the husband approaches the court with sufficient evidence, the court grants divorce,” says advocate Arvind Raj.
Till a few years ago, getting a divorce on the grounds of ‘mental cruelty’ was not an easy process. However, after the wide sweep of definitions given by the Supreme Court, it has become an easy process for couples to approach courts on this basis.
Though not many, there have been instances where petty reasons have been cited as mental cruelty. Recently, in a judgment at the Secunderabad Family Court, a husband was given divorce after he approached the court stating that his wife was being rebellious and not cooking for him and his family, causing inconvenience and mental trauma to his family members.
Earlier, the court would have rejected such a plea and the divorce would not have been granted. However petty, the divorce judgement was passed, points out advocate Arvind Raj.
“What makes mental cruelty a sticky situation at the courts is that it lacks any barometer. With every case, new laws are being formed, and the ground reality is being ignored. Since there is no comprehensive definition for mental cruelty, couples are taking advantage,” he adds.
What is 498a?
Indian Penal Code 498a allows a woman and her family to make a written false complaint of dowry harassment to the police which results in the husband, his parents and relatives being immediately arrested without sufficient investigation and put behind bars without bail. Even if the 498a threat is false, you are presumed guilty until proven innocent.
498a can only be invoked by the wife or her relative. Most 498a cases are mere blackmail attempts by the wife or her close relatives. In most cases, a demand for a large sum of money is offered to the husband in exchange for settlement of the case out of court. There have been countless instances where, without any investigation, the police have arrested elderly parents, unmarried sisters, pregnant sister-in-laws and even 3 year old children. A typical case takes approximately 5-7 years and the conviction rate is only 2%.
There are fundamental problems with 498a in that it is 100% gender biased and singles out men as perpetrators of domestic violence and assumes that only women are victims.
In the United States domestic violence laws are gender neutral and provide protection to the victims, both men and women. If you reside in the United States please call us at (855)-WHY-498A today to set up an appointment with Mrs. Desai to provide you with a plan of action.
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