Police complaint against the husband seems very surprising, that too only for mental harassment. In the normal course, no woman can think of complaining about her husband as most of the wives try to save their family life. But it is true that when the limit goes beyond their tolerance, they do not hesitate to take action. Now women are being protected in society from physical as well as mental harassment by the laws, made in favor of them. It is not so that women only need protection from other male members of society or from the workplace, they also need protection from their husbands. In our Indian society husband and wife, the relationship is considered very pious. They are like two wheels of a vehicle and if there is the proper balance in between both the wheels of the family, the vehicle of the family runs smoothly. Maintaining a good and healthy relationship depends upon husband and wife both. Both of them must have intimacy, trust, love, commitment, and communication. But when these things are missing, the bond of the relationship breaks.
In earlier periods generally, wives were considered weaker than their husbands. Mostly husbands had the upper hand as they were considered heads of the family. The reason was that wives were less educated compared to their husbands. Mostly husbands used to be earning members and that’s why they always tried to take advantage of this situation. Also because of being uneducated, they did not know about their rights and legal proceeding. The husbands used to exploit their wives by torturing them physically as well as mentally.
Now the situation has changed. Women have become well-educated. They are well aware of their rights and they also understand the security and protection provided to them by law. They have also developed confidence because of education. Education makes them equally competent to earn their livelihood and they are able to extend financial support to their husbands and their family. There are so many laws in favor of women to provide security to them. Our government wants to support women to make them stronger. Many new sections have been added to the law for making women secure and making them feel protected.
Now the days have gone when women were physically tortured. No one can think about this. The law and order in our society have become so strict and vigilant that neither physical nor mental torture of wives is allowed in our society. They can raise their voices against the mental harassment by their husbands. They can go to court to save themselves from mental harassment by their husbands. At any stage of life, if a wife feels that her husband is causing any kind of harassment to her, she can go for filing a complaint.
What is Mental Harassment?
Mental harassment hurts the person emotionally and sometimes it becomes so severe that it becomes a valid ground for divorce under Section 498 of IPC. The mental harassment laws in India protect women against any kind of mental or physical cruelty and they can file a complaint under it, seeking the help of lawyers and advocates to guide married women in the process of divorce. Physical torture and mental harassment, both are serious crimes against wives. If a husband uses abusive language or tries sexually assault his wife, these are serious cases of mental harassment. If a husband unnecessarily becomes suspicious towards his wife and ultimately which leads to a mental burden, is called mental harassment. There are laws made to protect wives from their husbands.
When Can a Complaint of Mental Harassment be Filed Against the Husband:
Initially, mental harassment was not considered a crime under the law. But now, if emotional or mental stress is given to the extent that the wife goes into depression or she becomes so disturbed it leads to suicide, that is a crime. If the husband insults his wife or tries to defame her, these are taken seriously enough to make a complaint. There are some legal provisions to protect married women’s rights. Only the thing is that they should be well aware of these laws which have been made for their safety.
Provisions Under the Indian Penal Code 1860
1- Section 294 – Obscene acts in public places:
- If the husband uses obscene language in public places.
- If the husband forces his wife to do obscene conduct in a public place etc.
2- Section 354 – Assault to outrage the modesty of a woman:
- If the husband assaults his wife harming her modesty.
- If the husband uses physical force to outrage her modesty etc.
3- Section 509 – Word, gesture or act insulting modesty of a woman:
- If the husband uses abusive language to insult his wife.
- If the husband uses shameful gestures for his wife etc.
Domestic Violence Act 2005 also gives wide protection to women against their husbands.
Section 12 – A complaint can be initiated by a protection officer or any close relative on behalf of the aggrieved woman. There are clauses for seeking compensation or monetary relief from the husband. Mental harassment can also be a legal ground for divorce. There have been so many cases where mental harassment by the husband is the prime legal ground addressed in court while filing for divorce.
Where to Complain Against the Husband for Mental Harassment
As you all know that usually in other kinds of criminal cases, complaints are registered in the area where the criminal activity takes place. But if a husband mentally harasses his wife as per one of the provisions of the Indian Penal Code or the Domestic Violence Act, a complaint has to be registered in the nearest police station in any other city police station. The aggrieved woman can directly approach the magistrate as well.
How to Complain Against the Husband for Mental Harassment
Police Complaint Against Husband for Mental Harassment
Format of form-
- The date on which the complaint is lodged.
- Name and/or designation of the police officer in charge.
- Name and address of the police station of the local jurisdiction.
- The subject matter of the police complaint letter against the husband.
- Start with the reason for the complaint, followed by a detailed series of events. It should depict clearly what happened, who did what, and the impact, if any.
- Request for filing a complaint against husband.
- Closing the letter with appreciation remarks.
- Your (complainant’s) full name and address.
- Contact number which is available all the time.
- Duly sign the letter with a date.
The above form is filled by the aggrieved woman or by her any other relative on her behalf. After filing the complaint against her husband for mental harassment, the proceeding of the court starts. But before proceeding with a police complaint letter against the husband starts, it is also advisable to consult with a criminal lawyer. It helps the complainant to understand the legal consequences of the step taken against her husband.
Any wilful conduct of a husband towards his wife to cause grave injury or danger to her life, limb or health, is a solid legal ground for FIR. Mental harassment of the woman by her husband is described in the legal provisions that if her husband with a view to coerce her to meet any unlawful demand for any property or valuable security or is on account of failure by her to meet such demand is considered as a crime.