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NOTES ON SECTION 498A OF IPC, Summaries of Criminal Justice

Aligarh Muslim UniversityCriminal Justice

Its a research note on section 498A of IPC

Typology: Summaries

2020/2021

Uploaded on 09/18/2024

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Samar Ghoshv.Jaya Ghosh[(2007)4SCC511]
100 .Apartfromthis,theconceptof mentalcruelty cannotremainstatic;itisboundtochangewith
thepassageoftime,impactofmodernculturethroughprintandelectronicmediaandvaluesystem,
etc.etc.Whatmaybe mentalcruelty nowmaynotremaina mentalcruelty afterapassageoftimeor
viceversa.Therecanneverbeanystraitjacketformulaorfixedparametersfordetermining mental
cruelty inmatrimonialmatters.Theprudentandappropriatewaytoadjudicatethecasewouldbeto
evaluateitonitspeculiarfactsandcircumstances….”
ShriSibaProsadBasuVersus Sm.GouriBasu1993 SCC OnLine Cal 301 : (1994) 1 CHN 324
10.Crueltyinthelegalsenseneednotnecessarilybephysical.Whatconstitutesmental
crueltydependsuponvariousfactorsincludingthemoresofthesocietytowhichthepartiesbelong,
theirvaluestandard,theirstatus,environmentoftheparties,theireducationalandcultural
developmentsetc.(Bijoliv.Sukomal,AIR1979Cal.87).Asinconstructivedesertion,soincruelty,
intentionshouldbedistinguishedfromdesireandcrueltycanbeestablishedwheretherespondent
isguiltyofconductwhichhemustknowwouldhaveaninjuriouseffectonthepetitioner,although
hemayinfacthavenodesiretocauseinjury.(Watersv.Waters,(1956)1AllE.R.432).

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Samar Ghosh v. Jaya Ghosh [(2007) 4 SCC 511] 100. Apart from this, the concept of mental cruelty cannot remain static; it is bound to change with the passage of time, impact of modern culture through print and electronic media and value system, etc. etc. What may be mental cruelty now may not remain a mental cruelty after a passage of time or vice versa. There can never be any straitjacket formula or fixed parameters for determining mental cruelty in matrimonial matters. The prudent and appropriate way to adjudicate the case would be to evaluate it on its peculiar facts and circumstances….” Shri Siba Prosad Basu Versus Sm. Gouri Basu 1993 SCC OnLine Cal 301 : (1994) 1 CHN 324

10. Cruelty in the legal sense need not necessarily be physical. What constitutes mental cruelty depends upon various factors including the mores of the society to which the parties belong, their value standard, their status, environment of the parties, their educational and cultural developments etc. ( Bijoli v. Sukomal , AIR 1979 Cal. 87). As in constructive desertion, so in cruelty, intention should be distinguished from desire and cruelty can be established where the respondent is guilty of conduct which he must know would have an injurious effect on the petitioner, although he may in fact have no desire to cause injury. ( Waters v. Waters , (1956) 1 All E.R. 432).