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Mental Cruelty from the Husbands’ (Men) point of view can be defined as that Conduct by Wife upon her Husband that inflicts mental pain, agony, exasperation, gaslighting, intimidation, and suffering making it impossible live together.
Such emotional torture, suffered by the husband is unendurable humiliation and prolonged distress, adversely impacting both career and health in long run.
Often, I have heard men feel distress and helpless and make comments that law favours women only, which is untrue and a myth. Let’s understand in this article, with some interesting case studies where the court has established clarity on what is mental cruelty is.
In DINESH NAGDA VS SHANFIBAI DINESH NAGDA., the court held that false criminal proceedings initiated by wife against the husband and his family members, who faced agony of trial of a criminal case for Seven Years is Matrimonial Cruelty entitling the husband to decree of divorce.
In GOKA KAMESHWARI VS GOKA VENKATARAMAIAH, it was observed by the High Court that filing Criminal charges by the wife is not cruelty, but such charges should be false. There is no truth in the allegation and has the wife rightly exercised her legal interests.
The Supreme court in a landmark judgement, in the case of NG.DASTANE vs S.DASTANE observed that “The enquiry has to be whether the conduct charged as cruelty is of such a character as to cause in the mind of the Petitioner as reasonable apprehension that it would be harmful and injurious for the Petitioner to live with the Respondent”.
In case of GURBUX SINGH VS HARMINDER KAUR, it was held that Mental Cruelty is not been defined under the Hindu Marriage Act. And, it is quite possible that a particular conduct may amount to cruelty in one case many not necessarily be applicable for another case as the underlaying circumstances may differ. Further, the concept of cruelty is evolved in cases like Jia Lal Abrol vs Sarla Devi, Srikant Rangacharya Adya vs Anuradha, Bijoli Choudhry vs Sukomal Choudhary the court has observed that the concept of cruelty varies from time to time, from place to place and from individual to individual, in its application accordingly to social status pf the parties and the economic conditions of the parties.
A very interesting case of ARATI MONDAL VS BHUPATHI MONDAL, the court observed that the act of deprivation of conjugal right on the part of a wife towards her husband is worst form of cruelty as wife can inflict upon her husband. There is an outbreak from many women groups, NGOs and thinkers of the society who have equated Forceful Sex with wife to be considered marital rape and if a woman says No is a No irrespective, she is married, she is not a commodity or a pleasure-seeking toy in the hands of the husband.
In the case of S. LATHA KUNJAMMA VS K. ANIL KUMAR, it was observed that Character Assassination by Wife against Husband amounts to mental cruelty and this becomes a case of Divorce.
In JAGANNATH MUDULI VS NIRUPAMA BEHERA, it was held that Wife’s incapacity to have sexual relationship amounts to legal and mental cruelty to Husband.
In NG. DASTANE vs S. DASTANE it was also observed that the threat by wife to her husband and insult to him and his parents amounts to imperil to he husbands mental condition and such conduct to be treated as cruelty to husband.
In SHANTI DEVI VS RAGHAV PRAKASH, the court held that the false allegation by the wife about the impotency of her husband amounts to mental cruelty.
In HRABHAJAN SINGH VS AMARJEET KAUR it was led that the wife refusing to do household work and forcing the husband to clean dining table, utensils and crockery etc… before the guests is mental cruelty.
In SREEPANDACHAR VS VASANTHA BAI, it was observed by the court that the husband was made a laughing stock in public, suffered shame in public and was subjected to humiliation, the husband spent many sleepless nights due to quarrels and the abuses that were hurled by the wife is Mental Cruelty.
In GIRISH DANGWAL VS SUSHMA DANGWAL it was held that the wife getting beaten up to her husband by police is Mental Cruelty.
In AMITAVA DAS VS MOUSUMI DAS the wife threatened the husband that she would commit suicide and persuaded husband to leave his parents. She also filed a case of 498a of IPC and a dowry case against him and his family. Although knowing he is a neurotic patient, she used abusive and filthy language which aggravated his health condition, when the husbands mother died, she did not attend her at the hospital. Mental Cruelty was proved and the divorce was ordered.
In another case, R vs K, the Delhi high court observed that the wife was not satisfied with the husbands sexual performance and ridiculed him, she also used to call him names “Mota Hathi” and subjected him to humiliation, such was considered Mental Cruelty and the divorce was ordered.
Trust, the reader of this article, has now not only got an understanding, but also confidence, that if he is a victim of Mental Cruelty, there is a remedy in law, and the burden of proof will be that of the Husband who has filed the suit against his wife that she has treated him cruelly with sufficient evidences. Such evidence can be Text, Video, Audio, Eye Witness etc…
Conclusion
You might be suffering from a loveless, unhappy marriage being a victim of abuse, feeling shy and ashamed, purely due to the biases of the society, the stigma associated with man admitting to fall victim to a woman and much more. The fact is, there are many men who saliently suffer and continue to the burden of relationship and succumb to health ailments.
Gone are those days, today, men too can seek legal advice and guidance and decide the way forward, fight for their rights and protect their legal interest.
Feel free to write to us at mail@lawersonia.com or call at +91 9845944896 if you wish to consult or discuss your matter. Sonia and Partners is a Boutique Law Firm led by Adv. Sonia Rajesh supported with a team of qualified and among the best lawyers in Bangalore practicing in the area of Family Law and Criminal defence serving both Citizens of India and Oversees Indians / NRIs.
