Can a Man file Mental Harassment Case Against Wife?

Unlike the usual misconception, wives are not the only ones who face mental harassment in a marriage, but it can be the husband too. While certain provisions have been laid down to protect women from falling victim to harassment, there are no laws that would do the same for husbands.

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. This makes it imperative to collect each and every piece of evidence that may prove to be vital in such cases. This is an important task as mental harassment is ground for divorce under the Hindu Marriage Act and the Special Marriage Act.

A husband cannot file any case against his in-laws simply because they are supporting his wife. However, the husband may file a petition seeking restoration of his conjugal rights.

It is very much true that women have faced extensive injustice over the years. While it is abhorrent for it to have taken place, it also changed the society’s thought-process, as people now consider that only women can be victims of such harassment. In turn, people do not pay much attention to the victimization of men.

Society needs to accept the harsh reality that men can be victims too and encourage them to speak up about the cruelty and harassment they have faced. It is somewhat unfair that there are no regulations safeguarding men from injustice in matrimonial cases while women have several laws in place to protect them in such cases.

There are a lot of men who face mental harassment and cruelty from their wives. However, there is really nothing that they can do about it. Some corrupt wives abuse the protection provided to them in matrimonial cases and use it to make their husbands suffer.

Read on to learn what a husband should do in such cases rather than suffering in silence.

Violence or Harassment Occurs Across Genders

If a woman claims she has been abused by her husband and is a victim of harassment, our society might not think twice before believing and extending their support to her. However, can anyone say the same if the individual making such a claim was a man? No. Society hardly considers that men can face cruelty and harassment, with some even claiming that the man must have done something to deserve a treatment like this.

While a woman can get the society’s support simply by claiming that she has been beaten up by her husband for dowry, a man cannot make any harassment claims, as not only will it not get him any support, but he will also end up making a fool of himself. Considering the society’s view in such cases, the man is bound to feel that speaking up about the issue will tarnish their reputation.

This calls for society to instill the values of gender equality in the younger generation and teach them to support all victims, irrespective of their gender.

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

As mentioned before, 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.

It is advised to record conversations, including voice calls, chat, and anything and everything that shall help prove your claim of having faced cruelty and mental harassment. You must gather all the evidence possible that your spouse or her family has been harassing you. It will prove to be of very valuable in Court, as it will help your lawyer make a strong case against your spouse.

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.

Conclusion

It is very important for society to start acknowledging the fact that even husbands can face mental harassment and cruelty. Only then will we understand that it is vital to safeguard husbands from such situations and take adequate action against wives who misuse legal provisions. Such wives must face appropriate legal action for misusing laws that have been laid down to safeguard women who have actually faced harassment.