How To Prove Mental Harassment By Husband?

Introduction

Detrimental or hostile behaviour intended in either a direct or indirect manner against a third party is classified as mental harassment by one or more parties. This kind of behaviour, which happens frequently over a long period of time, degrades a person or pushes them out of work. 

In the 2013 Supreme Court of India decision in the case of Indra Sarma v. V.K.V. Sarma. In this instance, the Supreme Court acknowledged that the Hindu Marriage Act of 1955 could allow for divorce on the basis of mental cruelty.

According to the court, mental cruelty is a type of matrimonial abuse that can seriously impair a spouse's mental health and general well-being. Additionally, the court stressed that each case's unique facts and circumstances will determine what qualifies as mental cruelty, given its broad definition. 

The court gave multiple examples of behaviours which may constitute as mental cruelty, including persistent verbal abuse, fabricating infidelity allegations, withholding affection, and shutting off communication. The court further stated that although one act may not be sufficient on its own, the combined effect of multiple actions may constitute mental cruelty.

IPC for Mental Harassment

Section 354: Assault to outrage the modesty of a women.

State of Maharashtra v. Madhukar Narayan Mardikar (1991): In this case, the Supreme Court reiterated that the purpose of Section 354 IPC is to safeguard women's modesty and dignity. The court ruled that this provision covers any action or gesture intended to degrade a woman's modesty.

Section 498A: Cruelty by husband or his relatives.

Naveen Kohli v. Neelu Kohli (2006)- In this case, the Supreme Court established that, for the purposes of the Hindu Marriage Act, mental harassment can constitute cruelty. The court held that mental harassment occurs when an abusive spouse has severe mental anguish and suffering due to ongoing behaviour.

Section 509: Word, gesture or act insulting modesty of a woman

1. Srinivas Rao v. D.A. Deepa (2013)- The Supreme Court held in this case that persistent mental harassment qualifies as mental cruelty which involves acts like verbal abuse, taunting, and making false accusations. According to the court, engaging in such activity could give rise to a divorce under the Hindu Marriage Act.

How To Prove Mental Harassment By Husband?

To prove Mental Harassment by a husband one should prove the following:

1. Any degree of physical aggression is considered cruelty and is sufficient grounds for filing a lawsuit.
2. Any verbal abuse that aims to torture someone's mind, including taunts, words, and language.
3. Preventing a woman from communicating with or encountering her relatives.
4. Preventing the women from seeing their offspring.
5. Intentionally avoiding food over extended periods of time at regular intervals.
6. Having sex without her permission.
7. Unnatural sexual relations.
8. Reducing social communication.
9. Behaving cruelly towards her kids.
10. Using divorce as a threat in response to unlawful, unethical, or irrational demands.

Keeping Records: Keep a record of every instance of mental harassment, complete with dates, times, and specifics. This can include any activities that produce emotional pain, such as controlling behaviour, continuous monitoring, threats, insults, or humiliation.

Witnesses (If any): Seek statements or testimonies from witnesses if there were any occurrences that supported the existence of mental harassment. Witnesses can be very helpful in bolstering your case.

Proof of Conversation: Any written correspondence, including emails, texts, and posts on social media or in instant messaging discussions, should be preserved as proof of the mental harassment. If they contain content that is abusive or threatening, these can be used as compelling evidence.

Filing of complaint: A police report should be taken into consideration if the mental harassment is severe and involves illegal conduct, such as threats of bodily damage or death. The filing of a First Information Report (FIR) in this regard is possible, as the complaint may provide additional evidence of the harassment's existence.

Lalita Kumari v. Government of Uttar Pradesh (2014)- The significance of filing a First Information Report (FIR) in cases of mental harassment was brought to light by this case. The Supreme Court ruled that police must file a formal complaint (FIR) as soon as they learn of any offence that qualifies, including mental harassment.

Conclusion

Establishing that a spouse has engaged in mental harassment requires complete records, solid proof, and an in-depth legal approach. A significant component of legislation in India is the Protection of Women from Domestic Violence Act, 2005, which provides protection against mental harassment in marriages as well as other types of domestic abuse. Keeping a detailed log of events, saving communication data, obtaining witness statements, and obtaining expert assessments are all necessary to build a case of mental harassment. In addition, police complaint can help victims get the support and guidance they need throughout the legal process.