Domestic violence is a serious issue in Bangladesh and affects many individuals and families across the country. Domestic violence is not limited to physical abuse but can also include emotional, psychological, sexual, and economic abuse. In this article, we will focus on mental harassment by a wife and the legal protection available to victims under Bangladeshi law.
Mental harassment by a wife can be defined as any form of emotional or psychological abuse that causes harm, injury, or suffering to the victim. This can include constant criticism, humiliation, belittling, controlling behavior, and other forms of emotional manipulation. It can also involve threats, intimidation, and isolation, which can lead to severe emotional distress and can impact the victim’s mental health and well-being.
The Domestic Violence (Prevention and Protection) Act, 2010, recognizes mental harassment as a form of domestic violence and provides legal protection to victims. Under the law, any person who is a victim of domestic violence, including mental harassment by a wife, can file a complaint with the police or file a case in court.
Here are some of the remedies available under the Penal Code of Bangladesh:
- Assault and Battery: If someone physically assaults or harms you, you can file a case under Section 323 (voluntarily causing hurt), Section 324 (voluntarily causing hurt by dangerous weapons), or Section 325 (voluntarily causing grievous hurt) of the Penal Code of Bangladesh. These sections provide for punishment ranging from imprisonment for up to three years to imprisonment for life, depending on the severity of the offense.
- Criminal Intimidation: If someone threatens you with harm, injury, or any other form of violence, you can file a case under Section 506 (criminal intimidation) of the Penal Code of Bangladesh. This section provides for punishment ranging from imprisonment for up to two years to imprisonment for up to seven years, depending on the severity of the offense.
- Domestic Violence: If someone commits any act of domestic violence against you, you can file a case under the Domestic Violence (Prevention and Protection) Act, 2010. This law recognizes domestic violence as a criminal offense and provides for punishment ranging from imprisonment for up to three years to imprisonment for up to five years, depending on the severity of the offense.
- Divorce: You can divorce your wife according to Muslim law.
If you are a victim of mental harassment by your wife, the first step is to seek help and support from the police, local authorities, or any other relevant support services. You can also consult a lawyer or a legal aid organization for assistance in filing a complaint or case.
The court can issue several orders to ensure your safety and well-being, including protection, restraining, or any other appropriate orders. A protection order is an order issued by the court that directs the abuser to stop committing acts of domestic violence or any other specified acts. A restraining order is an order that prohibits the abuser from contacting or approaching the victim. The court may also order the abuser to pay compensation to the victim for any harm or injury suffered as a result of the abuse.
It is important to note that victims of domestic violence, including mental harassment by a wife, may face several challenges in seeking legal protection. These challenges include social stigma, lack of awareness about the law, and fear of reprisals from the abuser. However, it is important to remember that seeking legal protection is a crucial step toward ending the abuse and ensuring your safety and well-being.
In conclusion, the Domestic Violence (Prevention and Protection) Act, 2010, provides for both civil and criminal remedies for victims of domestic violence, including mental harassment by a wife. If you are a victim of domestic violence, seek help immediately from the police, local authorities, or any other relevant support services. Remember, you have the right to live a life free from violence and abuse, and seeking legal protection is an important step toward achieving this goal.
Case Laws:
One of the most well-known cases in India relating to mental harassment by a wife is:
Case: Samar Ghosh vs Jaya Ghosh Year: 2007
Facts: The appellant, Samar Ghosh, and respondent, Jaya Ghosh, were married in 1987. Jaya Ghosh filed a case under Section 498A of the Indian Penal Code, which deals with cruelty by husband or his relatives, against Samar Ghosh and his family members. The couple later filed for divorce and the issue of mental harassment by Jaya Ghosh was raised during the proceedings.
Issues before the Court: The main issue before the court was whether mental harassment by a wife would be covered under Section 498A of the Indian Penal Code, which only deals with cruelty by husband or his relatives. The court also had to determine the scope and meaning of the term ‘cruelty’ under Section 498A.
Judgment: The Supreme Court held that mental harassment by a wife can also come within the ambit of Section 498A of the Indian Penal Code. The court observed that mental cruelty can cause more harm than physical cruelty and that it is important to interpret the term ‘cruelty’ under Section 498A in a broad and liberal manner. The court also provided guidelines to determine whether conduct amounts to mental cruelty.
References:
- Samar Ghosh vs Jaya Ghosh (2007) SCC 4 511
- Section 498A of the Indian Penal Code, 1860
Case: Vinit Kumar vs Neelu Chopra Year: 2012
Facts: The appellant, Vinit Kumar, and respondent, Neelu Chopra, were married in 1998. Vinit Kumar alleged that he was subjected to mental harassment and cruelty by his wife and filed for divorce on these grounds.
Issues before the Court: The main issue before the court was whether the conduct of the wife amounted to mental cruelty, justifying the grant of a divorce.
Judgment: The Delhi High Court held that the conduct of the wife towards the husband constituted mental cruelty. The court observed that mental cruelty is a state of mind and that the conduct of the wife towards the husband was such that it caused him mental agony, frustration and suffering. The court also referred to previous judgments on the issue of mental cruelty.
References:
- Vinit Kumar vs Neelu Chopra (2012) 195 DLT 441
- Section 13 of the Hindu Marriage Act, 1955
Case: K. Srinivas vs K. Sunita Year: 2014
Facts: The appellant, K. Srinivas, and respondent, K. Sunita, were married in 1994. Srinivas filed for divorce on the grounds of mental cruelty, alleging that Sunita had made false allegations against him, had abused him verbally, and had made threats to kill him.
Issues before the Court: The main issue before the court was whether the conduct of the wife amounted to mental cruelty, justifying the grant of a divorce.
Judgment: The Andhra Pradesh High Court held that the conduct of the wife towards the husband constituted mental cruelty. The court observed that the wife’s abusive language, false allegations, and threats had caused the husband mental agony and suffering, and that these actions were sufficient to constitute mental cruelty.
References:
- K. Srinivas vs K. Sunita (2014) 1 ALD 153
- Section 13 of the Hindu Marriage Act, 1955
Case: Vijaykumar Ramchandra Bhate vs Neela Vijaykumar Bhate Year: 2003
Facts: The appellant, Vijaykumar Ramchandra Bhate, and respondent, Neela Vijaykumar Bhate, were married in 1965. Vijaykumar filed for divorce on the grounds of mental cruelty, alleging that Neela had made false allegations against him, had insulted him in public, and had threatened to commit suicide.
Issues before the Court: The main issue before the court was whether the conduct of the wife amounted to mental cruelty, justifying the grant of a divorce.
Judgment: The Supreme Court held that the conduct of the wife towards the husband constituted mental cruelty. The court observed that mental cruelty is a state of mind and that the conduct of the wife towards the husband was such that it caused him mental agony, frustration, and suffering. The court also referred to previous judgments on the issue of mental cruelty.
References:
- Vijaykumar Ramchandra Bhate vs Neela Vijaykumar Bhate (2003) 6 SCC 334
- Section 13 of the Hindu Marriage Act, 1955
Case: Navin Kohli vs Neelu Kohli Year: 2006
Facts: The appellant, Navin Kohli, and respondent, Neelu Kohli, were married in 1991. Navin Kohli filed for divorce on the grounds of mental cruelty, alleging that Neelu had made false allegations of adultery against him, had insulted him in public, and had threatened to kill herself and their children.
Issues before the Court: The main issue before the court was whether the conduct of the wife amounted to mental cruelty, justifying the grant of a divorce.
Judgment: The Delhi High Court held that the conduct of the wife towards the husband constituted mental cruelty. The court observed that the wife’s false allegations, insults, and threats had caused the husband mental agony and suffering, and that these actions were sufficient to constitute mental cruelty.
References:
- Navin Kohli vs Neelu Kohli (2006) 129 DLT 680
- Section 13 of the Hindu Marriage Act, 1955
Case: Suman vs Surendra Kumar Year: 2015
Facts: The appellant, Suman, and respondent, Surendra Kumar, were married in 1995. Suman filed for divorce on the grounds of mental cruelty, alleging that Surendra Kumar had abandoned her and their children, and had not provided for their maintenance.
Issues before the Court: The main issue before the court was whether the conduct of the husband amounted to mental cruelty, justifying the grant of a divorce.
Judgment: The Rajasthan High Court held that the conduct of the husband towards the wife constituted mental cruelty. The court observed that the husband’s abandonment and neglect had caused the wife mental agony and suffering, and that these actions were sufficient to constitute mental cruelty.
References:
- Suman vs Surendra Kumar (2015) SCC Online Raj 1791
- Section 13 of the Hindu Marriage Act, 1955
Case: Anil Kumar Jain vs Maya Jain Year: 2009
Facts: The appellant, Anil Kumar Jain, and respondent, Maya Jain, were married in 1990. Anil Kumar Jain filed for divorce on the grounds of mental cruelty, alleging that Maya had made false allegations of adultery against him, had insulted him in public, and had threatened to commit suicide.
Issues before the Court: The main issue before the court was whether the conduct of the wife amounted to mental cruelty, justifying the grant of a divorce.
Judgment: The Delhi High Court held that the conduct of the wife towards the husband constituted mental cruelty. The court observed that the wife’s false allegations, insults, and threats had caused the husband mental agony and suffering, and that these actions were sufficient to constitute mental cruelty.
References:
- Anil Kumar Jain vs Maya Jain (2009) 114 DRJ 174
- Section 13 of the Hindu Marriage Act, 1955
Case: Sujit Kumar vs Smt. Uma Sharma Year: 2000
Facts: The appellant, Sujit Kumar, and respondent, Smt. Uma Sharma, were married in 1991. Sujit Kumar filed for divorce on the grounds of mental cruelty, alleging that Uma had made false allegations of adultery against him, had insulted him in public, and had threatened to commit suicide.
Issues before the Court: The main issue before the court was whether the conduct of the wife amounted to mental cruelty, justifying the grant of a divorce.
Judgment: The Allahabad High Court held that the conduct of the wife towards the husband constituted mental cruelty. The court observed that the wife’s false allegations, insults, and threats had caused the husband mental agony and suffering, and that these actions were sufficient to constitute mental cruelty.
References:
- Sujit Kumar vs Smt. Uma Sharma (2000) AIR 2000 All 253
- Section 13 of the Hindu Marriage Act, 1955