Mental Harassment By Wife: Remedies For Husband
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.
Legal Remedies & Precedents Under Bangladeshi Law:
In Bangladesh, matrimonial disputes, cruelty, and domestic harassment are governed strictly by domestic statutes and personal laws:
১. The Domestic Violence (Prevention and Protection) Act, 2010 (পারিবারিক সহিংসতা প্রতিরোধ ও সুরক্ষা আইন, ২০১০):
Under Section 3 of the Act, domestic violence explicitly encompasses physical, psychological, sexual, and economic abuse. Psychological and emotional harassment—including persistent verbal insults, humiliation, ridicule, or threats—are recognized as actionable offences. Under Section 11, protection orders, residence orders, and compensation orders may be sought through the competent Judicial Magistrate / Metropolitan Magistrate court.
২. The Family Courts Act, 2023 (পারিবারিক আদালত আইন, ২০২৩):
Under Section 5 of the Family Courts Act (formerly Family Courts Ordinance, 1985), the Family Court exercises exclusive jurisdiction over matrimonial disputes, including:
- Restitution of conjugal rights (দাম্পত্য অধিকার পুনরুদ্ধার)
- Dissolution of marriage (বিবাহ বিচ্ছেদ)
- Dower (দেনমোহর) and Maintenance (ভরণপোষণ)
- Custody and guardianship of children (সন্তানদের অভিভাবকত্ব)
A husband subjected to persistent mental cruelty or desertion may file for restitution of conjugal rights or seek appropriate matrimonial relief in the Family Court.
৩. Muslim Personal Law & The Muslim Family Laws Ordinance, 1961:
Under Section 7 of the Muslim Family Laws Ordinance, 1961 (MFLO), if marital harmony cannot be restored, the husband possesses the statutory right to pronounce Talaq by giving written notice to the local Union Parishad / Municipality Chairman, with a copy served on the wife. A 90-day statutory reconciliation period is initiated before the divorce becomes effective.
৪. Penal Provisions Under The Penal Code, 1860 (দণ্ডবিধি, ১৮৬০):
Where emotional harassment involves criminal intimidation, extortion, or character assassination:
- Section 499 & 500 (Defamation / মানহানি): False public allegations or character assassination intended to harm reputation.
- Section 503 & 506 (Criminal Intimidation / অপরাধমূলক ভয়ভীতি প্রদর্শন): Threats to cause injury to person, reputation, or property, or threats of self-harm/suicide to implicate the husband falsely.
- Section 383 & 384 (Extortion / জোরপূর্বক সম্পত্তি আদায়): Coercive demands of money under threats of frivolous legal action.
Landmark Judgments of the Supreme Court of Bangladesh:
- Nelly Zaman vs. Giasuddin Khan, 34 DLR (HCD) 221: The High Court Division held that marriage in Islam is a civil contract; restitution of conjugal rights cannot be granted as physical subjugation, and marital obligations require mutual respect, peace, and absence of cruelty.
- Hosne Ara Begum vs. Md. Rezaul Karim, 43 DLR (HCD) 543: The Supreme Court emphasized that physical and mental cruelty within marriage are equally significant grounds in assessing matrimonial obligations and breakdown of consortium.
- Khodeja Begum vs. Md. Sadeq Sarkar, 50 DLR (HCD) 181: The Court observed that cruelty is a state of matrimonial conduct creating reasonable apprehension in the mind of the victim that living together has become impossible.
