Are you Mentally Harassed By your Wife and What options do you have to counter it?

 

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Are you Mentally Harassed By your Wife and What options do you have to counter it?

Points to be noted

1.  Only a women is not the victim of Mental Harassment, men can be too the victim of Mental Harassment.

 

2.  Unfortunately, unlike women’s, there is no specific law for men’s which can protect them from cruelty & Mental Harassment.

 

3.  However, there are few legal options under which the husband can get justice.

 

4.  It’s important to show and established that you are being subjected to mental harassment and a victim of it. So, it’s essential to gather evidence as much as possible to help you prove it.

 

5.  Even though, Mental harassment and cruelty is ground for divorce under Hindu marriage act & Special Marriage act.

Brief:-

     Because of the many injustices women faced in the past, society has been shaped to believe that it is always the woman who is the victim but not the guy. As a result, men's victimization receives less attention than women's.

 

Men maybe victims, too, and society should encourage them to speak out about harassment and abuse they are subjected to.

 

Due to gender-biased in our legislation, the lawyer's community is also prejudiced too and lastly, the law enforcement hardly take any steps on the complaint filed by the Husband unlike in the wife complaint where police work pro-actively.

 

It Is indeed unfortunate that there is no law protecting men’s from mental harassment & cruelty unlike in the case of women’s where a dozen laws protecting them from any kind of violence, Harassment & cruelty.

 

Men can be the victim too but there’s little they can do about it. In some cases, women use the exact weapon against the husband & make them suffer which is meant to be used to protect women from Mental Harassment and cruelty.

       

        Stereotype Society:-

    Men's harassment and torture is rarely considered by society, with the assumption that men are the Victimizer and women are the victims.

When a woman claims to be the victim of domestic abuse and harassment, society sympathizes with her; but, when a man is a victim, society does not.

Society Plays a vital role in this situation but how? For example, if a women claims that her husband beater her for dowry then society believes and sympathies her but if a man claims that he is the victim of mental harassment then society rarely consider it seriously & fears losing his reputation before the same society.

 

You are a victim of mental harassment if your wife:-

 

1.  Physically assaults you

2.  Continuously screaming & yelling at you

3. Continuously criticized & underestimated due to your physical appearance & looks

4. Frequent fortnight stays at parental house without reasonable explanation

5.  Involve in adultery

6.  Threatening you  

 

What remedies do Husband have against her wife?

 

You can file a contested divorce case against your wife on the ground of Cruelty & Mental Harassment, all you need to do is:-

 

1. File a written complaint against your wife to the concerned police station before your wife does. This will aware the police station that you are the victim of mental harassment.

 

2. After that you may file the contested divorce petition with the help of your advocate before the concerned District court.

 

3. Record the conversation between you and your wife like Chats, Voice recordings, or anything possible which can help you proves that you are the victim of cruelty before the court.

 

What Husband’s Can do after being framed by their wife for the offense which they didn’t Commit?

You can file the counter case against your wife under the following section of the Indian Penal Code:-

 

 

Indian Penal Code:-

1. Section 120

Section 120 IPC Deals with Criminal Conspiracy. If a husband believes that her wife is conspiring a crime against him and his family then he may file a case against her under this section.

 

2. Section 167

That under section 167 IPC a Husband can file a case against the police officers if he believes that the concerned police officers are helping her wife to file a false complaint against him & his family & framing fraudulent documents.

 

3.Section 182

That under In this section husband can file suit against the wife if he believes that her wife giving false and concocted information to the public servant.

 

4.Section 191

That under In this section husband can file suit against her wife If he believes that her wife is giving false and concocted evidence against him and his family to the.

 

5  5.Section 324

That under In this section if a wife becomes violent and uses a weapon or dangerous means to express her anger towards her husband, the husband can file a complaint against her to the concerned police station and can also file a criminal case against her before the court. If in the heat of the moment husband dies then the wife will be held guilty of murder.

    Hindu Marriage Act:-

That under section 13 of Hindu Marriage act husband can file contested divorce against her wife if he is a victim of cruelty and mistreatment by her wife.

Special Marriage Act:-

That section 27 applies to only those couples who register their marriage under the special marriage act i.e. where both spouses are from a different religion. Husband can file under this section divorce against her wife on the ground of cruelty.

 

Case references in favor of Husband:-

1. Samar Ghosh Versus Jaya Ghosh

Decided on 23^rd March 2007

Supreme Court of India

2. Nisha Rashmi Versus Kamlesh Pandey

Decided on 16^th July 2018

High Court of Jharkhand

3. Anita rani versus Suresh Kumar

Decided on 16^th July 2015

High Court of Punjab and Haryana

 

Final Remarks:-

     The unfairness that women Faced in past is so prevalent that society fails to recognize that males, too, are victims of mental harassment and abuse. What we need to realize is that the victim is not always a woman. The Indian Constitution gives everyone equal protection under the law, regardless of gender, caste, creed, or religion.

 

Women, on the other hand, are protected by several laws that protect them from domestic abuse and harassment but, What about the males? Women who exploit the very law that was made to protect them, are now being used to harass their husbands. It’s essential to understand that just because they are women, they aren't automatically protected by the law.