Can dowry harassment be a ground for divorce?

What the Law Says

Dowry harassment is explicitly recognised as cruelty — a statutory ground for divorce under the Hindu Marriage Act, 1955. It is also a serious criminal offence under the Indian Penal Code.

Under the Hindu Marriage Act, 1955, 'cruelty' — including harassment for dowry — is a valid ground for divorce. The law treats persistent demands for dowry, threats, abuse, or coercion related to dowry as mental or physical cruelty.

Section 498A of the Indian Penal Code (IPC) criminalises 'husband or relative of husband of a woman subjecting her to cruelty', where cruelty includes 'any willful conduct which is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman' — especially in connection with dowry demands.

Statutory Text

13. Divorce.—(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has, after the solemnization of the marriage, treated the petitioner with cruelty.

— Hindu Marriage Act, 1955, s. 13(1)(ia) — Divorce

Statutory Text

498A. Husband or relative of husband of a woman subjecting her to cruelty.—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 seven years, and shall also be liable to fine.

— Indian Penal Code, 1860, s. 498A — Husband or relative of husband of a woman subjecting her to cruelty

What Courts Have Said

Indian courts have consistently held that dowry-related harassment qualifies as cruelty under Section 13(1)(ia) of the Hindu Marriage Act and independently triggers criminal liability under Section 498A IPC.

What to Do

Sources