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Rupali Jain   17 April 2020

want to section

which section for mental harassment by ur partner .


 2 Replies

manohar   18 April 2020

File complaint to Police stating full facts of case (mental harassmemt). Police will decide sections according to the facts.

Karishma Yadav   18 April 2020


Thank you for your question.

Section 498A of Indian Penal Code, deals with cruelty by a husband or his relatives towards the wife such that:

  • the conduct is likely to drive a woman to suicide, or
  • the conduct is likely to injure the life, limb or health of woman, (health here includes both physical as well as mental) or
  • the conduct is done with the purpose of forcing to give her some property, or
  • the conduct is done because her relatives are unable to yield to demands of money of property.

Punishment- The offence under this section is punished with up to three years of imprisonment and a fine.

Section 13(i) of Hindu Marriage Act has made mental cruelty a ground for divorce. Mental cruelty can be defined as mental pain, agony or suffering of such magnitude that it severs the bond between the couple and makes it impossible for them to live together.

This mental cruelty is considered in the light of the norms of marital ties of the particular society to which the parties belong. It can be brutal or subtle, it may be words, gestures, or mere silence, violent or non- violent.

In the case of Naveen Kohli v. Neelu Kohli, mental cruelty may consist verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace to other party.

Thank You,


Karishma Yadav

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