Mental Cruelty: An Extent of Alchemy of Feelings
Journal Title: Indian Journal of Law and Human Behavior - Year 2017, Vol 3, Issue 1
Abstract
Mental Cruelty constitutes threat of danger to the person on whom it is practised. This type of abuse can happen to anyone, yet the problem is often overlooked, excused or denied. Mental cruelty occurs whenever one person in an intimate relationship or marriage tries to dominate and control the other person. Hence when we deal with cases of mental cruelty we should not be biased towards any gender. In traditional Indian culture, males are more valued than females. When more western and Indian women are attaining higher education and securing higher paying careers, the traditional role of a wife as subservient to her husband and as the primary caretaker for the children is still practiced and expected of women. Psychological distress and disorders are often explained in a religious framework, in terms of either spirit possessions or violation of some moral or religious principle. In a case in which , a series of acts have been alleged to amount to cruelty, physical or mental , the cruelty so alleged must be such as to cause mental anguish that would affect the health of the person and life , so that the Court could opinion that cruelty indeed was practiced. In absence of such a plea and evidence that cruelty practiced by wife was such as to cause health problems to husband endangering his life and person it cannot be said that mere series of incidents of quarrel between the husband and wife on account of presence of the mother-in-law or mostly on account of the fact that husband did not set up separate establishment of his own, would amount to mental cruelty. Here particularly the article is addressing the role of judiciary in striking a balance between ethical anxiety and mental cruelty.
Authors and Affiliations
Tulishree Pradhan
Keywords
Related Articles
- EP ID EP451139
- DOI 10.21088/ijlhb.2454.7107.3117.5
- Views 102
- Downloads 0
Comparative Analysis of Parliamentary Privileges in UK and India: An Overview
When the British departed from India in a form of hand-downs India inherited and kept in its independent wake of political system as already established in the British India. The Preamble to the Constitution of India dec...
Knowledge of Lactating Mothers regarding Expression and Thawing of Breast Milk: Literature Review
Breastfeeding gives to baby the right nutrients and may protect baby against some illness. Breast feeding is the cheapest source to provide energy to newborn child. Breastfeeding, also known as nursing, is the feeding of...
Women and Politics in India: A Perspective
A detestable political countenance that has been concealed behind the ugly political manoeuvrings for long is women’s negligible representation in Indian politics. Whenever invoked about the matter, almost all political...
Incompetence of Police in Maintaining Law and Order: A Critical View Point
The police in developed countries face relatively few incidents of organized public defiance, and therefore the exercise of police discretion in handling major law and order problems has not been a focus of study. In con...
The Rationality and Constitutionality of Reservation for Economically Weaker Sections of Society in India
Reservations are an essential element of any democratic society where some population does not get fair and proportionate representation in governance and administration. Such representation is further necessary in the s...