How to file Mental Harassment Complaint against Husband and In-laws?

What is Mental Harassment?

Mental Harassment, sometimes referred to as mental harassment, is a type of non-physical behavior intended to manipulate, control, threaten, punish, and demean another person by degradation, humiliation and fear. It refers to harmful and hostile actions taken by an individual against another. Such conduct is usually prolonged and may be displayed frequently. Mental or psychological harassment can, therefore, result from several instances of such conduct put together. Repetition of such instances tends to impair and destruct the mental state of an individual and can lead to various mental illnesses including PTSD, depression, and anxiety disorder. Mental harassment leads to severe emotional distress, forcing the woman to contemplate suicide or causing grave mental injury.

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What is Mental Harassment by a Husband or In-laws?

A mental torture case against in-laws or a spouse can be filed under the Protection of Women from Domestic Violence Act, 2005, to address cruelty, harassment, and emotional abuse causing mental distress within a marriage. When the victim is the wife, mental harassment by the husband and in-laws can often look like the following:

1. repeated demand for dowry including property and cash,

2. both physical and mental cruelty,

3. causing grave injury, or

4. showcasing any conduct that incites her to commit suicide.

Mental harassment against the husband by the wife and in-laws can take the form of the following:

1. constant belittling regarding physical appearances or employment status,

2. subjection to anger and rage, or

3. having an extra-marital affair or an adulterous relationship.

Recently, in Shailendra Kumar Chandra v. Bharti Chandra , the Chattisgarh High Court observed that constant demands from the wife that her husband leaves his parent's house and live separately with her amounts to mental cruelty and is a valid ground for divorce under Section 13(1) of the Hindu Marriage Act, 1955.

Examples of Mental Harassment by a Husband or In-laws

The following acts by the husband or the in-laws can amount to mental harassment of the wife:

1. Using words or language which in intended to cause her emotional distress,

2. preventing her from seeing her parents or visiting her parents' house,

3. Refusing to allow her to see her kids,

4. Not giving her access to necessities like food and housing,

5. forcing her to engage in sexual activity,

6. Denying her entry into her matrimonial house,

7. Refusing to let her out of the matrimonial house or have social interactions,

8. Repeated demand for dowry,

9. Forcing her to persuade her parents to give dowry, or

10. Threatening divorce if she fails or refuses to meet demands made by her husband or in-laws; and/or when her parents do not or cannot fulfill dowry demands.
     

Mental Harassment by a Husband or In-Laws under the Bharatiya Nyaya Sanhita (BNS)

Mental harassment, being subjectively emotional, can be difficult to define and report; however, certain provisions within Bharatiya Nyaya Sanhita (previously, India's Penal Code) do recognize mental harassment and allow women to file cases against their husband or in-laws if they're harassing her in any way. Following are the relevant provisions:

1. Section 80  : Dowry's death

2. Section 85 and 86  : Husband or relative of husband of a woman subjecting her to cruelty

3. Section 79  : Word, gesture, or act intended to insult the modesty of a woman
    

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Mental Harassment by a Husband or In-Laws under the Domestic Violence Act

Under the Domestic Violence (DV) Act, 2005, mental harassment by husbands or in-laws falls within its scope and must be reported under this statute. It serves to provide protection and assistance for women experiencing any form of domestic abuse - physical or otherwise - while providing legal aid when victimized women seek recourse from perpetrators of domestic abuse. Section 3 of this act defines domestic violence as any act, omission, commission, or conduct that causes physical or psychological harm or endangers the health, life, limb safety or wellbeing of any aggrieved person. Following provisions enable women who experience harassment by their husband or in-laws to file an application with authorities:
 

Section 17 (Right to Reside in a Shared Household): 

Overriding all other existing laws, Section 17 declares that every woman in a domestic relationship has the right to live in the shared household, regardless of whether she has any legal rights, title, or beneficial interest in it. Moreover, it guarantees that the woman, in the event that she is the aggrieved party, cannot be removed from the shared household or any area of it by the respondent except through a procedure established by law.
 

Section 18 (Protection Orders): 

Section 18 of the Domestic Violence Act 2005 empowers the Magistrates to grant protection orders following an assessment that domestic violence has taken place or is likely to happen. These orders provide comprehensive protection from further harm and harassment for any aggrieved person who receives one. After giving both parties an opportunity to be heard and being initially convinced that domestic violence has occurred or may occur, the Magistrate may issue a protective order in favor of the aggrieved party. This order may prohibit a respondent from engaging in acts of domestic violence, aiding and abetting these acts, entering an aggrieved person's place of employment (if the aggrieved is a child then their school), and/or making contact via any method (oral, written, electronic, telephonic). Additionally, the order can prevent the respondent from alienating assets, operating bank lockers or accounts used by both parties, including the aggrieved person's personal property, and from causing violence to dependents, other relatives, or any person assisting the aggrieved person. The Magistrate can also specify other acts to be prohibited in the protection order.
 

Reliefs for Mental Harassment by a Husband or In-Laws under the DV Act

The DV Act provides for the following reliefs for mental harassment:
 

1. Monetary relief for mental harassment by a husband or in-laws ( Section 2(k) and Section 20 ): “ [...] the compensation which the Magistrate may order the respondent to pay to the aggrieved person, at any stage during the hearing of an application seeking any relief under this Act, to meet the expenses incurred and the losses suffered by the aggrieved person as a result of the domestic violence.”
    

2. Compensation for mental harassment by a husband or in-laws ( Section 22 ): “ In addition to other reliefs as may be granted under this Act, the Magistrate may on an application being made by the aggrieved person, pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by that respondent.”
    

How to file a Complaint against Mental Harassment by a Husband or In-Laws?

An FIR may be filed by any aggrieved party under relevant provisions of BNS  to report mental harassment. Under Section 12 of the Domestic Violence Act (DV Act) , anyone can file a formal complaint with a Magistrate and request relief under this statute.
 

Why do you need a Lawyer?

Mental harassment in marriage can be devastatingly painful and has lasting emotional repercussions for its victim. They may not even realize they're being subjected to mental harassment until it becomes obvious - due to a lack of awareness surrounding mental health and well-being as well as silenced women speaking up against emotional abuse in their marriages. Fortunately, however, laws exist which give such women legal recourse in this instance. However, complex court procedures, filing, and documentation require the assistance of an expert criminal lawyer who is well-versed with legal intricacies and can secure justice for you.

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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