Husbands/wifes Conviction and Imprisonment for Life in Murder Case Amounts to Mental Cruelty to the Wife
- The fact that a husband/wife is convicted in a murder case under section 302 of the Indian Penal Code and sentenced to imprison for life amounts to mental cruelty to the husband/wife.
- Court may grant divorce in cases where the husband/wife is convicted and sentenced for imprisonment for life, amounts to mental cruelty to the spouse even in the absence of any provision contained in the Hindu Marriage Act, 1955. Sentence to imprisonment for a period of seven years and upwards has been specifically made ground of divorce under Section 27(1)of the Special Marriage Act, 1954, Section 2 (iii) of the Dissolution of Muslim Marriage Act and Section 32(f) of the Parsi Marriage and Divorce Act.
- In case of conviction of a husband/wife, the opposite spouse will always remain under constant fear for personal safety and security. Even if the convicted spouse is released on bail by suspension of sentence during appeal or parole, the opposite spouse will be subjected to cruelty if they have to live with the convicted spouse under the same roof, who is also impulsive, short-tempered and has criminal tendencies.
- A marriage can become dead due to ‘contributory acts of omission or commission’ by the husband or the wife. The Accused’s spouse also bears a heavy burden as a result of his/her husband/wife’s wrongdoing. He/She is viewed by society as a murderer’s husband/wife. His/her honor will always be gone forever.
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