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Mental harassment by husband and in-laws here is how to initiate separation!
EA Digest

Mental harassment by husband and in-laws here is how to initiate separation!

Rohit Singh
Rohit Singh
Criminal law
Rohit Singh
Rohit Singh
8 yrs ago 14,294 views EA Digest

Marriages are considered to be a sacred bond and are held in a very high regard in the Indian Society. A girl is always taught to treat her new home like her own and devote herself to her new family. But it isn’t very rare that many married women suffer cruelty and abuse at the hands of their husband’s and in-laws. Our judicial system has strict laws against this and this is essential in safeguarding the women in the country. So what can one do if they are being mentally harassed by husband and in-laws and how does separation work in these cases is what we aim to discuss through this article.

Harassment by in-laws and husband

Harassment is cruel and unjust behavior by husband and or any of the in-laws. Following situation or incidents and similar situations amount to harassment as per the law.

  1. Behavior which may push the woman towards suicide
  2. Any act which causes the woman grave injury
  3. Dowry demands, money or property from the woman’s parents
  4. Any act that can be termed as cruelty as per Indian Law

What amounts to cruelty?

  1. Any physical violence of any intensity is termed as cruelty and is enough to initiate legal action
  2. Any verbal abuse in terms of taunt, words, language etc that are intended to cause mental torture
  3. Abstaining a woman from talking to or meeting her family
  4. Denying a woman access to her children
  5. Intentionally denying the food for a long time and intervals
  6. Sexual intercourse without her consent
  7. Unnatural sex
  8. Limiting social interaction
  9. Cruelty towards her children
  10. Threatening with divorce for illegal, immoral or unreasonable demands.

What can be done?

The Indian Penal Code has strict laws against the cruelty towards a married woman. Following sections specify the legal implications of such actions. A woman can initiate legal action in case she is facing any such issues.

Section 498 A- Section 498 A covers the cases where physical or mental cruelty in inflicted on a married woman by her husband and in-laws. The offense under this section is punishable with imprisonment for a term which may extend to three years and shall also be liable to fine. The offence is non-bailable and non-compoundable.

Section 304 B- If a woman dies within seven years of marriage due to any burns or bodily injury and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relatives of her husband in connection with a dowry demand then it would be termed as a ‘dowry death.’ The jail term for the said offence ranges from seven years to life imprisonment in such cases.

Section 509- This section aims to punish any person who attempts to insult a women’s modesty by any act and is punishable with a simple imprisonment up to three years. It is a cognizable, bailable, and compoundable offense.

The Protection of Women from Domestic Violence Act, 2005

The Protection of Women from Domestic Violence Act 2005, assists women who are a victim of any kind of domestic violence and is a legal instrument using which they can take action against the culprits. Under Section 17 of the act, the right of a woman to her matrimonial home is protected if the in-laws refuses it.

Section 18 of the act can prohibit the accused from doing certain things if the woman was subjected to domestic violence and the possibility of its reoccurrence stays.

Dowry Prohibition Act, 1961

To break the shackles of the century-old practice, the Dowry Prohibition Act, 1961 was introduced which prevents demanding and accepting dowry from a girl’s family.

In a recent judgment of State of Maharashtra v. Vijay Shinde & Others the Bombay High Court observed that asking one’s wife to cook properly or to do household work will not amount to an ill-treatment.

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