Can a Husband file Mental Harassment Case Against Wife?

Although it is commonly understood that women are usually the ones facing harassment, the idea that men do not have to face anything similar is simply unfounded. There have been several instances where husbands have been victims of harassment from their wives and their family.

Men can be victims too, and society needs to acknowledge this harsh fact and support men in speaking out about the abuse and harassment they have experienced. It is a little unfair that women are protected by numerous laws in matrimonial cases, but men are not protected by any regulations against injustice in the same situations.

How to Know if You Are a Victim of Mental Harassment?

As there is no specific definition of cruelty, it is vital for you to establish that you are a victim of mental harassment. You can declare you are a victim of harassment if:

*You are physically assaulted by your spouse.

*You have to face continuous anger, screaming and yelling.

*You are constantly belittled, criticized and embarrassed for your abilities, appearance, etc.

*You are falsely blamed of some crime you did not commit.

*Your spouse is staying away from marital residence without any valid explanation.

*Your spouse is having an affair.

*You are threatened by your spouse every now and then.

Legal Remedies for Husbands Facing Harassment-

*Mental harassment and cruelty are deemed as ample grounds for divorce. All you need to do is file a complaint before your wife does.

This informs the police of the harassment you have been facing and will not allow your wife to file any false complaint against you. Several women have been found to abuse the provisions under Section 498-A of the Indian Penal Code (IPC) to falsely frame their husbands. Once you have filed a complaint, you can file for divorce in the family court.

However, if you are being framed of a crime you didn’t commit, you can file a counter case under the following sections:

Indian Penal Code

*Section 120-B

This Section covers the punishment for criminal conspiracy. A husband may file a case against his wife alleging that she is conspiring a crime against him and his family.

*Section 167

A husband may file a case under this section if he believes that police officers are helping his wife file a false complaint and frame false documents against him.

*Section 182

A husband may file a case under this section if he believes his wife is giving incorrect information to a public servant to use their legal capacity against him.

*Section 191

A husband may file a case under this section if he believes his wife is using false evidence against him.

*Section 324

This section covers punishment for voluntarily causing harm by using dangerous means or weapons. A husband may file a case under this section if his wife is being violent and uses a weapon or some other dangerous means towards him in anger. If it results in the husband’s death, his wife shall be held guilty for his murder.

*Section 506

A husband may file a case under this section if his wife is using criminal intimidation to harass him and his family.

Code of Criminal Procedure

*Section 227

A husband may file a case under this section if his wife files a false complaint against him.

Hindu Marriage Act

*Section 13

There is a provision for divorce under section 13 of the Hindu Marriage Act on grounds of cruelty and harassment. A husband may file a case under this section if he is being mistreated and harassed by his wife.

Special Marriage Act

*Section 27

For marriages that are not governed by the Hindu Marriage Act, a husband may file a divorce petition under this section on the grounds of cruelty and harassment.

How To Prove Mental Cruelty By Wife-

Dealing with divorce cases where husbands claim mental cruelty by their wives is challenging. Lawyers find it difficult to explain the specific requirements to clients, and convincing judges that the conduct constitutes mental cruelty by the wife is even tougher.

To prove mental cruelty by a wife, it remains the husband’s responsibility to gather evidence related to the cruelty, which may include the following:

*Call recordings: Keeping records of phone conversations.

*Video recordings: Capturing relevant video footage.

*Social media communication: Saving chats and messages from social platforms.

*Proof of non-cohabitation: Documenting instances that show you’re not living together.

*FIR in case of mental cruelty accompanied by physical assault: Filing a First Information Report (FIR) in cases of both mental and physical abuse.

*Proving a wife’s cruelty can be challenging, so it’s advisable to hire experienced legal professionals. Clients should fully cooperate with their lawyers, providing necessary documents and guidance during examination or cross-examination to strengthen their case.

How can a Lawyer help you?

Divorce is a stressful time for everyone involved. Hiring an attorney to complete a divorce is one way to reduce the stress of the divorce. While the attorney will need to gather information from you regarding the case, he or she will also take care of all the paperwork, allowing you more time to take care of yourself and your family. An experienced divorce attorney can give you expert advice on how to handle your divorce owing to his years of experience in handling such cases. Thus, by hiring an attorney a person can make sure that he can avoid delay and get the divorce completed as quickly as possible.

ADV. KHANAK SHARMA