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

What is Mental Harassment?

Mental harassment, also known as emotional abuse, is a form of non-physical conduct aimed at controlling, manipulating, intimidating, punishing, and demeaning through humiliation, degradation, and fear. It means detrimental and hostile behavior by a person towards 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.

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

The spouse or the in-laws cause mental Harassment in 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. Words or language used against a woman with the intent to emotionally hurt her,

2. Denying her from meeting or seeing her family, or visiting her parents' house,

3. Denying her from meeting her children,

4. Not providing her with basic amenities such as food and shelter,

5. Forcing her to have sexual intercourse,

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 to divorce her if she fails or refuses to fulfill the demand of the husband or the in-laws, or if her parents do not or cannot fulfill dowry demand.

The abovementioned list is not exhaustive and there are a lot of other acts and behavioral demonstrations that can amount to mental cruelty.

Mental Harassment by a Husband or In-Laws under the Indian Penal Code

Mental harassment, being subjectively emotional and psychological, is hard to determine and even harder to report. However, there are certain provisions under the Indian Penal Code, 1860 that recognize mental harassment and enable a woman to file a case against her husband or in-laws if they are harassing her. Following are the relevant provisions:

1. Section 304B : Dowry's death

2. Section 498A : Husband or relative of husband of a woman subjecting her to cruelty

3. Section 509 : Word, gesture, or act intended to insult the modesty of a woman

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

The Domestic Violence (DV) Act, 2005 addresses the grievance of women who are subjected to domestic violence. It aims at protecting and providing assistance to women who are victims of domestic violence whether physical or not. The DV Act also holds the government responsible to ensure that legal assistance is provided to aggrieved women. Section 3 of the DV Act states that domestic violence includes any act, omission, commission, or conduct that harms, injures, or endangers the health, life, limb, safety, or well-being, whether mental or physical of the aggrieved person. Following are the relevant provisions that may enable an aggrieved woman to file an application if she is being mentally harassed by her husband or in-laws:

Section 17 (Right to reside in a shared household): “ (1) Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title, or beneficial interest in the same. (2) The aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent save in accordance with the procedure established by law.” Section 18 (Protection Orders): “ The Magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favor of the aggrieved person and prohibit the respondent from& mdash (a) committing any act of domestic violence (b) aiding or abetting in the commission of acts of domestic violence (c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person (d) attempting to communicate in any form, whatsoever, with the aggrieved person, including personal, oral or written or electronic, or telephonic contact (e) alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both the parties, jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the Magistrate (f) causing violence to the dependants, other relatives, or any person who gives the aggrieved person assistance from domestic violence (g) committing any other act as specified 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 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?

A complaint of mental harassment can be filed in the following manner:

1. An aggrieved person may file an FIR under the abovementioned relevant provisions of the IPC.

2. A complaint can be presented to the Magistrate under Section 12 of the DV Act. Any other person can also file this complaint on behalf of the aggrieved person and sought the reliefs provided under the Act.

Why do you need a Lawyer?

Mental harassment in a marriage tends to be grievous and takes a terrible emotional toll on the victim. Often, the victim isn't even aware that they are being subjected to mental harassment and endure instances of emotional violence and abuse. This happens due to the lack of awareness surrounding mental health and well-being and the practice of silencing women who wish to speak up against the emotional violence that they suffer in their marriages. Fortunately, the law has provided such women with appropriate legal recourse. 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

4.0 | 2+ user ratings Greater Kailash - 1, Delhi
5 years

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