International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

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Volume 8 Issue 3
May-June 2026

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Understanding Cruelty Under Matrimonial and Criminal Laws in India: A Comparative Analysis

Author(s) Mr. ADITHYA MANIKANDAN, Mr. VENKATA NARAYANAN R
Country India
Abstract Cruelty has prevailed since ancient times across the world in various brutal forms and has long affected the personal, physical, and mental rights of individuals. Over time, it became necessary for the law to recognise and address cruelty through different legal frameworks. In India, the concept of cruelty plays a significant role in both matrimonial and criminal laws. While personal laws recognise cruelty as a ground for separation or divorce, criminal law identifies cruelty as a punishable offence. The concept of cruelty has evolved into a broader and more interpretative idea under matrimonial law, leading to diverse judicial interpretations depending upon the facts and circumstances of each case. In contrast, criminal law has historically conceptualised cruelty primarily as a protective mechanism for women. However, changing social realities, shifting gender roles, and evolving notions of equality raise the need for a more gender-balanced perspective in understanding cruelty within legal discourse. This article comparatively analyses the concept of cruelty under personal and criminal laws through statutory provisions and judicial interpretations. It further examines the inconsistencies and conflicts arising from the overlapping yet fundamentally different interpretations of cruelty under both legal frameworks, often resulting in judicial ambiguity despite serving distinct legal purposes. The article ultimately argues that, although cruelty under matrimonial and criminal law differs in nature and objective, the broader purpose of both frameworks remains the protection of mutual rights, dignity, and the physical, mental, and personal well-being existing within family relationships.
Keywords Cruelty, Matrimonial Law, Hindu Marriage Act, Criminal Law, Judicial Interpretation
Field Sociology > Administration / Law / Management
Published In Volume 8, Issue 3, May-June 2026
Published On 2026-05-22
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E-ISSN 2582-2160
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IJFMR DOI prefix is
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