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Rupali Jain   17 April 2020

want to section

which section for mental harassment by ur partner .


Learning

 4 Replies

Archit Uniyal   18 April 2020

Hi,

I am considering by partner you mean your spouse.

Mental Torture is a valid ground for divorce and Section 498 of IPC is your shield. This is the mental harassment law in India to protect you against any form of cruelty and you can always file a case under it seeking the help of lawyers and advocates to guide you in the process of divorce.

There are no sections in Indian law that talk about mental agony but there are provisions and cases which may help. Even though Section 498A talks about matrimonial disputes, it acts as a shield when it comes to mental cruelty.

Even though there is no section in the Hindu Marriage Act which states the meaning and scope of mental cruelty, there is a case Samar Ghosh v. Jaya Ghosh which laid out the guidelines for mental cruelty. The court said that Mental cruelty is a state of mind. There should be acute mental pain, agony, and suffering. The feeling of deep anguish, disappointment, frustration, abusive and humiliating treatment calculated to torture, unjustifiable conduct for a sustained period in one spouse caused by the conduct of others may lead to mental cruelty.


Hope this helps you.

Regards,

Archit.

 

Parveen Bhatia   18 April 2020

rupali mam, only mental harassment is not your concern, there are another causes which are disturbing you and in your life. so kindly elaborate completely along with your correspondening address or phone number. thanks mam

Rupali Jain   18 April 2020

thanks archit

Rupali Jain   18 April 2020

thanks praveen

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