Law4u - Made in India

Is Mental Harassment By The Husband Considered Domestic Violence?

Answer By law4u team

Domestic violence under Indian law encompasses a wide range of abuses, including physical, sexual, verbal, emotional, and mental harassment. Mental harassment by a husband is recognized as a serious form of domestic violence and is punishable under several provisions, including the Protection of Women from Domestic Violence Act, 2005 (PWDVA) and Section 498A of the Indian Penal Code (IPC). Such harassment can cause significant psychological trauma and affect the mental health and dignity of the wife.

Is Mental Harassment by the Husband Considered Domestic Violence?

1. Definition under Protection of Women from Domestic Violence Act, 2005

The PWDVA defines domestic violence broadly, including mental abuse such as intimidation, humiliation, insults, threats, and other acts that harm a woman’s mental well-being.

Mental harassment includes repeated verbal abuse, threats of harm, isolation, controlling behavior, and emotional cruelty.

2. Section 498A IPC: Cruelty by Husband or Relatives

Section 498A criminalizes cruelty, including mental cruelty, towards a wife.

Repeated mental harassment can constitute cruelty, providing grounds for legal action.

3. Legal Protections and Remedies

The wife can file a domestic violence complaint in the Family or Magistrate Court under the PWDVA.

Courts may issue Protection Orders to restrain the husband from continuing harassment.

The wife can seek monetary relief, custody orders (if children involved), and compensation.

Police complaints (FIR) can be lodged under Section 498A IPC for cruelty.

4. Counseling and Support Services

Courts may order counseling or mediation sessions to address marital issues.

Various NGOs and women’s helplines provide emotional and legal support.

Consumer Safety Tips (For Women Facing Mental Harassment)

Document instances of mental harassment (messages, recordings, witnesses).

Seek legal advice promptly to understand options.

Prioritize mental health by consulting counselors or therapists.

Inform trusted family or friends for emotional support.

Use available women’s helplines and legal aid services.

Example

Scenario:

Sita’s husband frequently insults her, threatens divorce, and isolates her from family and friends, causing severe mental stress.

Actions Sita can take:

Keep records of insults and threats (messages, audio).

File a complaint under the Protection of Women from Domestic Violence Act.

Approach police to lodge an FIR under Section 498A IPC.

Seek a Protection Order from the court to stop the harassment.

Access counseling services recommended by the court or NGOs.

This legal framework helps Sita secure protection from her husband’s mental harassment and uphold her rights and dignity.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Ashvinkumar Govindbhai Prajapati

Advocate Ashvinkumar Govindbhai Prajapati

Criminal, Cheque Bounce, Divorce, Family, Media and Entertainment, Domestic Violence, Court Marriage, Breach of Contract, Anticipatory Bail

Get Advice
Advocate Dhirendrakumar

Advocate Dhirendrakumar

Anticipatory Bail, Cheque Bounce, Breach of Contract, Child Custody, Court Marriage, Civil, Revenue, High Court, Family, Domestic Violence, Criminal, Landlord & Tenant, Motor Accident, Succession Certificate, Property

Get Advice
Advocate Bijendra Singh Yadav

Advocate Bijendra Singh Yadav

Civil,Consumer Court,Criminal,Divorce,Anticipatory Bail,

Get Advice
Advocate Sopan Gaidhani

Advocate Sopan Gaidhani

Documentation, R.T.I, Revenue, Succession Certificate, Civil

Get Advice
Advocate Ujashri Doley

Advocate Ujashri Doley

Criminal, Domestic Violence, Divorce, Child Custody, Family, High Court, Succession Certificate, Anticipatory Bail, Court Marriage, Cyber Crime, Cheque Bounce, Landlord & Tenant

Get Advice
Advocate Javed Akhtar

Advocate Javed Akhtar

Criminal, Civil, Revenue, Cheque Bounce, Domestic Violence

Get Advice
Advocate Kulbir Singh

Advocate Kulbir Singh

Cheque Bounce, Civil, Consumer Court, Court Marriage, Divorce, Labour & Service, Motor Accident

Get Advice
Advocate Hansraj Batolia

Advocate Hansraj Batolia

GST, Tax, Civil, Criminal, Cheque Bounce

Get Advice

Marriage and Divorce Laws Related Questions

Discover clear and detailed answers to common questions about Marriage and Divorce Laws. Learn about procedures and more in straightforward language.