CRUELTY MEANING : According to SECTION 13[1][ia], Hindu Marriage Act, the concept of cruelty has varied from time to time along with a change in social and economic conditions. Scolding and nagging and even compatibility of temperament have been held to be cruelty. No precise definition of cruelty is there in any book or statute, because cruelty may be subtle or brutal or physical or mental. The social conditions, the social status and parties, the nature of the parties, financial conditions of the parties also effect when cruelty is defined. In cruelty the petitioner has to prove that it is a cruel act and it hampers the physical and mental condition of the petitioner. It is necessary to prove to the court that it is impossible to live with the respondent in future after the act of cruelty is done by the partner. The relation in between them is not remained such that they can live with each other without any mental stress.

Matrimonial cruelty: In matrimonial life, cruelty can be defined in many ways or situations because it depends on person to person or the socio-economic conditions. Matrimonial cruelty can be:
1. Physical cruelty
2. Mental cruelty

SECTION 498-A, IPC: 'Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.' For this section, cruelty means:

1. Any willful conduct which is of such a nature which is likely to drive the woman to commit suicide or any grave injury or damage to her life [mental or physical] of the woman, or 2. Harassment of the woman where such harassment is with a view coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. 1 The offence under this section is cognizable, non-compoundable, and non-bailable. This provision has been made to protect females for domestic violence due to dowry [the durable goods, cash, and real or movable property that the bride’s family gives to the bridegroom, his parents, or his relatives as the condition for the marriage]. In India 24,771 dowry deaths have been reported in the last three years, according to the National Crime Bureau.

India is a country which is blessed to have many Rites, Rituals & Customs which have a considerable effect on all Indian societies. Dowry was one of the practices which have been and which are triumphing in India for a large amount of time. Initially, this practice turned into a dealt with as a blessing, but unexpectedly this practice became a curse for the society and the ladies fell prey of the greed of their husbands and his family. Therefore, for the safety of ladies, the Government of India inserted Section 498A, IPC by the change Act 1983. However, once in a while this very provision of the law which is supposed to be ameliorative will become a source of harassment. Soon, Section 498A, IPC became infamous for its misuse. The National Crime Records Bureau 2012 record demonstrates the extent to which the section is being misused. As per the reports, the price of fee-sheeting turned into excessive as 93.6% while the conviction rate was as low as 15%. This segment has created the biggest downside in a completely cutting edge scenario for men as well for his family as false allegations can bring humiliation to the family and can harm their reputation. In many cases, men have even dedicated suicide because the false allegation introduced an awful lot humiliation to the family. The debate surrounding Section 498A, IPC is taking vicinity inside the area of criminal law for far too long. Fundamentally, the debate centres on the following parameters: Is there any misuse of Section 498A? Has its outlived its software? Are there any safeguards which might be required to be constructed into Section 498A to introduce its vital checks and balances? Through this research paper, I try to compare the judicial developments in Section 498A IPC, that could assist us to understand why there, is a misuse of Section 498A, IPC and why it has become an essential evil and what steps have been recommended to minimize its misuse.