Mental harassment is a severe criminal offense that the victims can challenge in any court of law in India. In fact, mental harassment is a part of domestic violence where the wives are often misbehaved by their husbands. The wives are free to file police complaints against their husbands for mental harassment. However, the task is usually legal and technical and that is why the wives may need the assistance of a divorce lawyer in Kolkata as he is skilled enough to complete the legal procedures to file the complaint.
Usually, the specialist divorce lawyer or criminal lawyer in Kolkata can guide you in the most adequate manner so that you can lodge a police complaint against your husband for mental harassment. Here are some provisions under which lawyers can help their clients under various sections of the Indian Penal Code.
Section 294 – Obscene acts in a public place
It is applicable when:
- The husband uses indecent speech for his wife openly in public
- He forces the wife to involve in indecent conduct in a public place
Section 354 IPC – Assault to outrage the modesty of a woman
It is applicable when:
- The husband attacks his wife and damages her modesty
- He causes physical damage to his wife to outrage her modesty, etc.
Section 498A – Cruelty by husband or his relatives
It is applicable when:
- The husband uses offensive language and asks for money from the wife or her family,
- He harasses the wife mentally or psychologically evoking suicidal thoughts in her,
- He demands any property or money from his wife by bullying her own life or of her dear ones, etc.
Section 509 – Word, gesture or act insulting modesty of a woman
It is applicable when:
- The husband uses insulting language to his wife,
- He uses shameful gestures for his wife, etc.
Here are a few questions that you must have answers to. You can ask them to divorce lawyer in Kolkata when you hire him/her to plead your case:
Is there any law for mental harassment by the husband?
Yes, your lawyer may help you to the laws against mental abuse by husbands. These laws exist and are applicable under the Prevention of Dowry Prohibition Act, Domestic Violence Act, Indian Penal Code (IPC), and the Criminal Procedure Code (CrPC). It means that the wife can get legal protection if anyone in the family of the in-laws, including the husband, causes her any mental torture.
How do you prove mental harassment?
Usually, the following things can be used/treated as proof to prove mental harassment:
- Unnatural sex
- Any kind of bodily violence is known and accepted as cruelty. It is sufficient to start a legal action
- Limiting social interaction
- Not allowing them to see or meet their children
- Violent sexual activity even without her consent
- Any verbal abuse in terms of taunt
- Provoking tendency of suicide among the women
- Cruelty towards her children
What cases can the wife file against her husband?
In the opinion of the most experienced divorce lawyer in Kolkata, wives can file cases and fight against their husbands if they are responsible for physical, mental, psychological, and other serious things that damage them and their integrity.
To know more about these cases, you must engage the criminal lawyer in Kolkata and discuss the right proceedings with them. You can prefer reaching law firms and speaking to the lawyers.
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