The general notion of cruelty is very subjective-depending on time, place, persons and other factors also. The legal concept of cruelty, which is not defined by statute, is generally described as act or conduct of such a nature as to have caused to life, limb or health-physical or mental or as to make a reasonable apprehension of such danger.

Cruelty, no doubt, constitutes a pompous ground for dissolution of marriage, as the term cruelty and love and affection are repugnant to each other. There is no strait jacket formula to define cruelty. Even a gesture, an angry look, a sugar coated joke, an ironic look may be more cruel than beating. Every act or conduct of one spouse which makes the other spouse unhappy or miserable can not amount to cruelty. The mere fact is that the erring spouse is moody, whimsical, mean, stingy, selfish, boorish, irritable, inconsiderable, irascible etc. will not be sufficient to amount to cruelty.

Cruelty, in marital relationship, is a course of conduct of one spouse which adversely affecting the other. Cruelty may be mental or physical, intentional or unintentional. If it is physical, it is an issue of fact and degree. If it is mental, the enquiry must begin as to the nature of the cruel treatment and then as to the treatment of the mind of the spouse. Whether it caused reasonable apprehension that it would be harmful or injurious to live with the other, is ultimately a matter of inference to be drawn by taking into account the nature of the conduct and its effect on the complaining spouse. Under various personal laws, cruelty is a ground for matrimonial relief. Apart from that, Indian Parliament with a view to stall and prevent increasing violence and cruel treatment of the wife by her husband and in laws has inserted a new Section 498A to the Indian Penal Code.

Probably there is no material difference in Muslim law on the issue of legal cruelty, between man and wife from other prevailing matrimonial laws in India. The test of cruelty is based on universal and humanitarian standards by the husband which would cause such bodily or mental pain as to endanger the wife's safety of health. (Shamsunnissa Begum's case, II. M.I. 551).

Instances of cruelty given in the provision of the Dissolution of Muslim Marriage Act 1939, include habitually assaulting the wife, making her life miserable by physical ill-treatment or by a conduct short of that, associating with woman of evil repute or leading an infamous life or preventing her from exercising her rights therein, obstructing her in the observance of her religious profession or practice and in case of bigamy treating her inequitably contrary to the Koranic injunction.