C. Veerudu Vs. State Of A.P.(1989) CR. L.J. NOC 52(A.P.)
- S. 498 A The sole constituent of offence u/s 498 A is cruelty which means 'wilful conduct'. The Word wilful contemplates obstinate and deliberate brhaviour on part of offender for it to amount to cruelty. Thus 'Mensrea' is an esssential ingredient of the offence.
- The principles are that the standard of proof of cruelty are higher in degree in criminal law than in civil law under the matrimonial causes.
- The intention or mensrea on the part of one spouse to injure the other is not a necessary element of cruelty in civil law for martimonial causes while it is an essential element in criminal law.
- It is enough if crulety is proved by preponderance of probabilities in civil law while in criminal trials the coduct of cruelty has to be proved beyond all resonable doubt.
- It is immaterial in civil law whether respondent's conduct was aimed at the other spouse or is due to unwarranted indifference attributable perhaps to selfishness or laziness while it is very much material in criminal proceeding and for relief of matrimonial causes in civil law the conduct of spouse need not necessarily result in danger to life, limb or health but a reasonable apprehension of such danger is enough, whereas section 498 A contemplates such a conduct besides being wilful to result in the likelihood of driving the woman to commit suicide or to cause grave injury or danger to life, limb or health.
[ In the High Court of Andhra Pradesh, Criminal Appeal No. 756 of 1987. ] 1
VEERULU V/S STATE OF ANDHRA PRADESH, decided on Friday, June 10, 1988.Judge(s) : BHASKARA RAO.Read full Judgment here: Click here. |
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