CONCEPT OF CRUELTY IN MATRIMONIAL RELATIONSHIP UNDER MUSLIM LAW - ANALYSIS THROUGH THE EYES OF THE SUPREME COURT OF INDIA

Abstract

The institution of marriage in Islam is regarded as a solemn contract, emphasizing mutual respect, compassion, and understanding between spouses. However, when discord arises, Islamic jurisprudence provides mechanisms to address grievances, including the concept of cruelty. In the Indian context, where personal laws govern matrimonial matters, the interpretation of cruelty under Muslim law has evolved through legislative enactments and judicial interventions. This paper aims to explore the concept of cruelty in Muslim law, its historical background, kinds of divorce under Muslim personal law, landmark judgments, and the resultant implications for Muslim matrimonial relationships in India.By analysing these judicial pronouncements, the paper highlights the dynamic interplay between traditional Islamic principles and contemporary legal interpretations, reflecting the judiciary’s efforts to balance religious doctrines with constitutional mandates of gender equality and justice. The research underscores the judiciary’s pivotal role in redefining cruelty, considering both physical and mental aspects, and its implications for the rights and protections afforded to individuals in Muslim matrimonial relationships.