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mukesh roy   02 November 2024

Domestic violence

I’m Ravi. Lately, my wife has accused me of some things that I have never done, embarrassed me in front of family and friends, and even tried to threaten me that she will hurt herself if I don’t do what she wants. I have tried speaking to her about it but she tends to get more violent. I can’t see any way out of this situation and it really hurts me. 
I would like to ask why is there no law in India for helping husbands who are facing mental cruelty and domestic violence from their wives. All the existing laws are for the protection and benefit of women and nobody talks about the struggles and stress of men. I would like to take some legal measures against the situation I am facing but don't know what to do. 
Kindly help, please.



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 1 Replies

Pankhuri Rastogi   02 November 2024

Hello Ravi,
I understand your frustration concerning the domestic violence happening to you and I am here to provide you with some pieces of advice that might help you out. 
Firstly, I would like to make this clear that in India, the existing laws are made concerning the pre-existing but prevalent issues of the society. And since Domestic violence against men is such an uncommon thing of the typical Indian Society. 
But you don’t have to feel helpless as there are provisions under the Indian Laws which tend to protect the individuals regardless of their gender, in a marriage. 
Section 498A of the Indian Penal Code (IPC) tells us about mental cruelty (including mental harassment) as legal grounds for divorce. This can be seen in the case of V. Bhaskar Rao v. Laxmi Devi (2007) as the Supreme Court has acknowledged harassment within a marriage that includes mental cruelty, which can be considered as a ground for legal proceedings and divorce.
If you feel that the cruelty is severe then you may file a complaint against your wife under Section 498A of the IPC.
In a landmark case of Samar Ghosh v. Jaya Ghosh (2007), the Supreme Court has also expanded the definition of mental cruelty, mentioning that persistent harassment, humiliation in public, and threats to self-harm constitute mental cruelty by a spouse and the suffering one can file a divorce petition, as per Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
I have suggested the provisions if you are thinking of filing for divorce but additionally, I would like to advise you to go for mediation at least once, just to give one more chance to your marriage. 

 


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