How to prove mental harassment by mother in law

Question

How to prove mental harassment by mother in law

04-Jul-2024 (In Divorce Law)

Hello Sir/Madam, I have been married since March 2016 and am a government employee. My mother-in-law and husband harass me every day over trivial matters, making my life miserable. My mother-in-law has a significant influence on my husband, and he agrees with whatever wrong she says. When he returns from the office, she creates scenes and lies to him about petty issues, igniting fights and arguments between us. She openly tells my husband, right in front of me, to divorce me and remarry. I feel very helpless. My husband works a private job and earns a handsome amount. He and my mother-in-law constantly demand money from me. Despite always giving them a share of my salary, he insists that I transfer my entire salary to him. He doesn't inform me about where he spends the money I give him. For the past seven months, I have been staying with my parents. Please suggest how I can prove mental harassment by my mother-in-law.

Answers (6)

Collect and preserve contemporaneous evidence (screenshots/WhatsApp/SMS/call'logs/emails, audio/video, photographs, medical/psychology certificates, dated witness affidavits, police complaints/FIRs and any Protection Officer reports) and file for civil relief under the Protection of Women from Domestic Violence Act, 2005 (protection, residence, monetary and custody orders) [https://www.indiacode.nic.in/handle/123456789/2021]. For criminal redress, complain under the Bharatiya Nyaya Sanhita, 2023 (see provisions on cruelty by husband/relatives and cruelty defined, e.g., ss.85'86) and related offences; preserve and produce electronic evidence under the Bharatiya Sakshya Adhiniyam, 2023 (admissibility and presumption rules for electronic records) [Bharatiya Nyaya Sanhita: https://www.indiacode.nic.in/handle/123456789/21420] [Bharatiya Sakshya Adhiniyam: https://www.indiacode.nic.in/handle/123456789/21070]. Supreme Court authority stresses that mental cruelty is proved from cumulative facts and their effect on the spouse (A. Jayachandra v. Aneel Kaur) [https://indiankanoon.org/doc/1178711/], and that filing false/defamatory criminal complaints or repeated baseless accusations can themselves constitute mental cruelty (K. Srinivas Rao v. D.A. Deepa; Raj Talreja v. Kavita Talreja; Mangayakarasi v. M. Yuvaraj) [http://indiankanoon.org/doc/14713882/] [http://indiankanoon.org/doc/139144445/] [https://indiankanoon.org/doc/39962638/]. Lodge police complaints promptly, apply for PWDVA protection orders, preserve chain'of'custody for electronic proof under the BSA, and consult a family/criminal lawyer to file the correct petitions and ensure admissible evidence.

Answer #1

Adv. Chikirsha Mohanty

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All Answers

LawRato LawRato · Accepted Answer · 2024-07-04T13:50:20+05:30

Please rest assured, your husband cannot file a divorce case against you since there are no grounds available to them on the basis of which they can move such action in a court of law.

However, he can file a case for restitution of conjugal rights against you under Section 9 of the Hindu Marriage Act, 1955. This you can contest by raising the ground of cruelty that your husband and your in-laws press against you.

In the event no case gets filed against you, you can nonetheless file a complaint for cruelty in the Court of Judicial Magistrate under Section 498A, IPC along with an application to claim maintenance from your husband under Section 125, Code of Criminal Procedure, 1973. This is must do in the Court of the Judicial Magistrate First Class within whose territorial jurisdiction your matrimonial home is.

In the alternative, you can file a case under the Protection of Women from Domestic Violence Act, 2005 since you are a victim of economic abuse at the hands of your husband and in-laws. Economic abuse is recognised as domestic violence in the eyes of law. You can take the following steps -

Approach the Protection Officer: You can approach the nearest Protection Officer, who can provide you with information on how to file a case of domestic violence that includes economic abuse. They can also help you file an application for obtaining a protection order.
File a Complaint with the Police: You can file a complaint against the abuser with the police station nearest to you. You will need to provide details about the abuse, including the date, time, and location of the incident. You will also need to provide any evidence that you have collected.
Gather Evidence: Collect evidence of the economic abuse, such as bank statements, bills, receipts, and any other documents that show how the abuser has controlled your finances or misused your property.
Approach a Magistrate: You can approach the Magistrate directly and file a Domestic Incident Report (DIR). The DIR can be filed by the victim, a relative, or any person who has witnessed the violence. The Magistrate will take further action based on the report.

You may consult me with more details about your case. I can help you file a case and provide legal assistance throughout the process.

LawRato LawRato · Accepted Answer · 2024-07-04T13:50:20+05:30

Answer #2

You can file the case for Divorce in the concerned court after one year living separately alone from her husband"s house. So you wait upto one year. If you want the Divorce otherwise you can also file the case of 125 cr.P.C of maintenanace. Before file the case, Are you thinking , so you discuss me at my office or at my whatsapp no.

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Advocate Jayatee Chatterjee LawRato · Accepted Answer · 2024-07-04T13:50:20+05:30

Answer #3

Hello, incase of divorce you can file a case against them, also s 125 for maintenance, domestic violence case for dowry and other harrasments. Please file s498a against them to your nearest police station.

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Adv. Jayatee Chatterjee Adv. Jayatee Chatterjee

Delhi | 5+ Answers

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LawRato LawRato · Accepted Answer · 2024-07-04T13:50:20+05:30

Answer #4

You can file a case for maintenance for your daily expenses. The next course of legal proceedings depend on what course of action you would like to take. The laws have adequate remedies. One of them is proceedings under domestic violence act and filing for divorce.

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Advocate Mohd Faris LawRato · Accepted Answer · 2024-07-04T13:50:20+05:30

Answer #5

Hello, For the query you posted, I would suggest the following: In the facts presented by you, a domestic violence complaint can always be filed before the concerned adjudicating authority. Further depending on what you want from the wedlock decides the out come of your query. I hope that answers your query. Best MFaris

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Adv. Mohd Faris Adv. Mohd Faris

Delhi | 100+ Answers

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Advocate Salil Tripathi LawRato · Accepted Answer · 2024-07-04T13:50:20+05:30

Answer #6

Mam, be relaxed. They will surely not file any case against you, because they have very few option left with them against you. Only restitution of conjugnal rights u/s 9 or divorce. But if they do so many no of cases against them can be filed from your side and their life will miserable thereafter. So it's up to you first what to do with them. File domestic violence, harassment, maintenance all cases against them. But never ask your husband to leave his parents as this point would be taken against you as cruelty. As asking husband to leave his parents is part of cruelty as per supreme Court letest ruling. So take appropriate legal steps to teach them a lesson. Best of luck for future.

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Adv. Salil Tripathi Adv. Salil Tripathi

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