JUDICIAL INTERPRETATION AND EVIDENTIARY ISSUES IMATRIMONIAL CRUELTY CASES: A GENDER NEUTRAL PERSPECTIVE

This doctrinal research critically examines the judicial interpretation and evidentiary challenges in cases of matrimonial cruelty within a gender-neutral framework. Anchored in statutory analysis and case law, the study explores how Indian courts have construed the concept of “cruelty” under Section 498A of the Indian Penal Code, Section 13(1)(ia) of the Hindu Marriage Act, 1955, and other relevant personal law provisions. The focus is on understanding the evolution of legal standards through authoritative judicial pronouncements and doctrinal reasoning rather than empirical investigation. The research analyses the interpretative approaches adopted by the Supreme Court and various High Courts, particularly in delineating the boundaries of mental and physical cruelty. Emphasis is placed on the shifting judicial paradigm from a purely woman-centric protectionist model to a more balanced, gender-neutral perspective in response to increasing instances of legal misuse. The study evaluates the evidentiary doctrines applied in such cases, including the burden of proof, presumption under Section 113A of the Indian Evidence Act, and the role of circumstantial and documentary evidence, including digital records. Further, the research addresses the interplay between criminal and matrimonial proceedings, issues of double jeopardy, and the procedural safeguards accorded to both parties. By examining doctrinal inconsistencies and judicial innovations, the study highlights gaps in legal reasoning and suggests harmonization of standards to prevent miscarriage of justice. The paper ultimately proposes a re-evaluation of matrimonial cruelty laws to reflect constitutional mandates of equality, procedural fairness, and substantive justice, thereby contributing to a more coherent and inclusive legal framework.

Authors

Institutions

Publication Details

Journal
Technix International Journal for Engineering Research
Published
2025-01-01
DOI
https://doi.org/10.56975/tijer.v12i7.159102
Primary Topic
Feminism, Gender, and Sexuality Studies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

JUDICIAL INTERPRETATION AND EVIDENTIARY ISSUES IMATRIMONIAL CRUELTY CASES: A GENDER NEUTRAL PERSPECTIVE

Sushim Shukla, Shuchita Gulyani
Technix International Journal for Engineering Research
Feminism, Gender, and Sexuality Studies
article

JUDICIAL INTERPRETATION AND EVIDENTIARY ISSUES IMATRIMONIAL CRUELTY CASES: A GENDER NEUTRAL PERSPECTIVE

Sushim Shukla, Shuchita Gulyani
article en

Abstract

This doctrinal research critically examines the judicial interpretation and evidentiary challenges in cases of matrimonial cruelty within a gender-neutral framework. Anchored in statutory analysis and case law, the study explores how Indian courts have construed the concept of “cruelty” under Section 498A of the Indian Penal Code, Section 13(1)(ia) of the Hindu Marriage Act, 1955, and other relevant personal law provisions. The focus is on understanding the evolution of legal standards through authoritative judicial pronouncements and doctrinal reasoning rather than empirical investigation. The research analyses the interpretative approaches adopted by the Supreme Court and various High Courts, particularly in delineating the boundaries of mental and physical cruelty. Emphasis is placed on the shifting judicial paradigm from a purely woman-centric protectionist model to a more balanced, gender-neutral perspective in response to increasing instances of legal misuse. The study evaluates the evidentiary doctrines applied in such cases, including the burden of proof, presumption under Section 113A of the Indian Evidence Act, and the role of circumstantial and documentary evidence, including digital records. Further, the research addresses the interplay between criminal and matrimonial proceedings, issues of double jeopardy, and the procedural safeguards accorded to both parties. By examining doctrinal inconsistencies and judicial innovations, the study highlights gaps in legal reasoning and suggests harmonization of standards to prevent miscarriage of justice. The paper ultimately proposes a re-evaluation of matrimonial cruelty laws to reflect constitutional mandates of equality, procedural fairness, and substantive justice, thereby contributing to a more coherent and inclusive legal framework.

Technix International Journal for Engineering ResearchVol. 12(7)
Teerthanker Mahaveer University (IN)
Openalex Percentile: Top 62%
Feminism, Gender, and Sexuality Studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

JUDICIAL INTERPRETATION AND EVIDENTIARY ISSUES IMATRIMONIAL CRUELTY CASES: A GENDER NEUTRAL PERSPECTIVE — Sushim Shukla, Shuchita Gulyani · Technix International Journal for Engineering Research (2025) | TGRS Research Map | TGRS