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
- Sushim Shukla
- Shuchita Gulyani
Institutions
- Teerthanker Mahaveer University (IN)
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