I want to know what kind of case can I file against a person who commits such acts repeatedly that coaxes me to hit them or aggravates the situation as to causing me mental pain and agony at home.
I want to file a case against my brother's wife who annoys me everyday at home by doing certain acts which is making my life difficult to live at home.
Hello, greetings of the day.
As per your query, yes, you can file a case against someone who causes you mental pain. The courts do recognize emotional distress as a type of damage that can be recovered through a civil lawsuit. This means you can sue someone for the emotional trauma or distress that they cause you, provided you can provide evidence to support your claims. In the case of Jai Bhagwan v Laxman Singh, 1994 the Supreme Court held that both the pecuniary and non-pecuniary losses that a person faces must be compensated. You can constitute your case based upon this. But to be considered on the grounds for a lawsuit based on intentional infliction of emotional distress, the behaviour must be outrageous and extreme. You have to show that the behaviour of your brother’s wife goes beyond all possible bounds of decency and shocks the conscience
Hope your query is solved.
Regards
Nirali Nayak
Law Student
