Deliberate non-performance of Gauna (Second Marriage), by husband after an assurance, resulting in suffering of wife, would amount to “cruelty”

Any wilful conduct which is of such a nature as is likely to drive a woman to commit suicide would constitute "cruelty". Such wilful conduct, which is likely to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman would also amount to "cruelty". 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, would also constitute "cruelty".

Emotional distress or psychological effect on the wife, if not the physical injury, is bound to continue to traumatize the wife even after she leaves the matrimonial home and takes shelter at the parental home. Even if the acts of physical cruelty committed in the matrimonial house may have ceased and such acts do not occur at the parental home, there can be no doubt that the mental trauma and the psychological distress caused by the acts of the husband including verbal exchanges, if any, that had compelled the wife to leave the matrimonial home and take shelter with her parents would continue to persist at the parental home. Mental cruelty borne out of physical cruelty or abusive and humiliating verbal exchanges would continue in the parental home even though there may not be any overt act of physical cruelty at such a place.

In the present case, Court held that deliberate omission by husband by not performing Gauna (second marriage) which was required to be performed by him having adverse effects on mental health of wife, amounts to cruelty, when coupled with conduct of accused who took complainant along with him with an assurance that he would keep her properly, but left her at an isolated place.

Appearing Counsel/s: Mr. Vibhor Mayank, Mr. Jitendra Pandey