Shikhar Dhawan's divorce sheds light on Indian laws regarding mental cruelty in marriage

A Delhi court has granted 37-year-old Indian cricket Shikhar Dhawana divorce from his estranged wife, Aesha Mukherji, on the grounds of mental cruelty.The couple married in 2012 and have a ten-year-old son, Zoravar Dhawan. Aesha is an Australian citizen and resides there withZoravar.

Shikhar Dhawan's divorce petition sheds light on the Indian laws regardingmental cruelty in marriage.

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Delhi court on Shikhar's Dhawan's divorce petition

In Dhawan's case, the Delhi court stated that his wife subjected him to mental agony by forcing him to live separately from his only son for several years. In the order, Judge Harish Kumar noted, "Even though the wife denied the allegation, submitting that she genuinely wanted to live in India with him, but could not due to her commitment towards her daughters from her previous marriage requiring her to stay in Australia, she could not come to live in India and that he was well aware of her commitment, yet she did not choose to contest the claim."

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The judge also stated that Aesha, a Melbourne-based kick-boxer who was born in India,made Shikhar suffer a long-distance marriage. Although the court has not passed an order of permanent custody of Zoravar, it has granted mandatory visitation rights to Dhawan to meet his son in India and Australia. Furthermore, it ordered Aesha to bring Zoravar to India for visitation purposes, including overnight stays with Dhawan and his family and during the school holidays.

Indian laws on mental cruelty in marriage

The Hindu Marriage Act of 1955, which handles marriages between Hindus, and the Special Marriage Act of 1954, the law about marriages regardless of religion, contain a cruelty clause. Both acts consider cruelty in a marriage as a valid ground for divorce. However, they do not state what classifies as cruelty.

The courts in India define cruelty as "the total of reprehensible conduct or departure from normal standards of conjugal kindness that causes injury to health or an apprehension of it."

As per Indian law, there are two types of cruelty: physical and mental. While physical cruelty is definite and has no ambiguity, the courts in India have not been able to put down exactly what mental cruelty is. However, they have broadly based it on severe frustration, making it impossible for the spouse to continue matrimonial relationships.

Courts in India have made multiple judgments in divorce cases based on mental cruelty despite its uncertain definition. Refusing intercourse without sufficient reason for a long time, making false allegations about a woman's chastity, forcing the husband to separate from dependent parents, and not feeding the husband and children are a few examples of mental cruelty from past divorce cases in India.

Although the definition of mental cruelty is unclear, it certainly applies to both genders equally. Married couples can experience cruelty from either partner, causing the relationship to deteriorate.

(With inputs from agencies)

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