If you are stuck in such a situation, here is what to do.

A woman, Mrs. Priya, found herself in a distressing situation after her marriage to Mr. Sameer. While her husband was generally considerate, his family, including his mother and sisters, harboured animosity towards her. This hostility escalated during a period when the couple had to live with them for an extended time. The in-laws engaged in a relentless campaign of mental harassment, making sarcastic remarks and taunts, all while maintaining an image of innocence in front of Sameer. The constant psychological pressure became so severe that Priya felt her mental well-being deteriorating.

Upon returning to their own home in the city of Shantinagar, the harassment did not cease. Priya’s mother-in-law began orchestrating visits from other relatives, who were incited to continue the pattern of taunting and mistreatment. When Priya pleaded with her husband for a divorce as a last resort, he refused, unwilling to acknowledge his family’s wrongdoing and wanting to maintain the facade of a perfect marriage that does not end in separation. The mother-in-law, enjoying a respectable position in their community, used her social influence to turn people against Priya, making her visits to the family home unbearable. Feeling isolated, especially since her own simple parents trusted her husband to resolve the issues, Priya felt trapped and hopeless. She questioned what legal protection exists against such “slow poisoning” through persistent verbal and emotional abuse.

Advice in such cases

• Document Everything: Keep a detailed record of every incident of harassment. Note the date, time, what was said, who was present, and how it affected you. This log can be crucial evidence.
• Gather Digital Evidence: Save any text messages, emails, social media comments, or voice recordings that contain threats, taunts, or abuse.
• Secure Financial Independence: If possible, ensure you have access to your own funds or a separate bank account. Financial control can be a form of abuse, and having your own resources provides a degree of security.
• Build a Support System: Confide in trusted friends or colleagues who can offer emotional support. Feeling isolated can worsen the psychological impact of the abuse.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Indian law provides robust protection against such forms of cruelty and harassment, even if it is not physical. The primary legal provisions you can invoke are:

• The Protection of Women from Domestic Violence Act, 2005 (PWDVA): This is a civil law that provides comprehensive protection against various forms of domestic violence, including emotional, verbal, and economic abuse. It is designed to provide immediate relief, such as protection orders, residence orders, and monetary relief.
• Bharatiya Nyaya Sanhita (BNS), 2023: Sections 85 and 86 of the BNS (which replace the earlier Section 498A of the IPC) deal with cruelty inflicted upon a woman by her husband or his relatives. The definition of “cruelty” under this section explicitly includes any wilful conduct that is likely to drive the woman to suicide or cause grave injury or danger to her life, limb, or health (whether mental or physical). Persistent taunting and mental harassment fall squarely within this definition.
• The Hindu Marriage Act, 1955: Mental cruelty is a well-established ground for seeking divorce under this Act. The Supreme Court of India has repeatedly held that constant taunts, insults, and disrespectful behaviour by a spouse or their family that cause mental agony constitute cruelty.

If you are the complainant

If you have decided to take legal action, you are now the complainant. Here are the steps to follow:

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Draft a Detailed Complaint: With the help of your lawyer, prepare a comprehensive complaint detailing all instances of harassment. Be specific about the actions and words of each family member involved.
• File a Complaint under PWDVA: You can file an application before a Magistrate to seek relief under the Domestic Violence Act. This can result in orders preventing the in-laws from contacting you or committing any further acts of violence.
• Lodge an FIR: You can approach the police to file a First Information Report (FIR) under Section 85/86 of the BNS against your husband and his relatives for subjecting you to cruelty. The police are obligated to investigate the matter.

If you are the victim

If you are still in the situation and contemplating your next steps, prioritize your well-being:

• Prioritize Your Safety: Your mental and emotional health is paramount. If the environment is too toxic, consider temporarily staying with a trusted friend or relative to get some space and clarity.
• Set Clear Boundaries: Communicate firmly and clearly to your husband and in-laws that their behaviour is unacceptable and is causing you immense distress. Sometimes, a direct confrontation can change the dynamic.
• Seek Professional Counselling: A therapist or counsellor can provide you with coping mechanisms and a safe space to process your emotions. This can empower you to make informed decisions about your future.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Police response in matrimonial disputes can vary. Initially, they often try to counsel the parties or refer the case to a mediation cell, aiming for reconciliation. This is a standard procedure in many states. However, if your complaint clearly outlines cognizable offences like those under Section 85/86 of the BNS, they are duty-bound to register an FIR. The introduction of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, emphasizes procedural timelines. Having a lawyer accompany you to the police station can ensure that your complaint is taken seriously and that the correct legal procedures are followed from the outset.

FAQs people normally have

• Can taunts and insults really be considered ‘cruelty’ by law?
  Absolutely. Both the Protection of Women from Domestic Violence Act, 2005, and the Bharatiya Nyaya Sanhita, 2023, recognize verbal and emotional abuse as a form of violence and cruelty. The Supreme Court has affirmed that mental cruelty can be more damaging than physical cruelty.
• What can I do if my husband is not abusive but supports his family’s behaviour?
  The law holds relatives of the husband accountable as well. You can file a complaint against any family member who is perpetrating the harassment. Your husband’s inaction or silent support for the abuse can also be considered a form of cruelty.
• My in-laws are well-respected in society. Will anyone believe me?
  While social standing can be intimidating, the law is based on evidence. A well-documented case with strong evidence (recordings, messages, witness testimony) will stand on its merits in court, regardless of the accused’s social status.

What evidence is required?

To build a strong case of mental cruelty, the following evidence is invaluable:

• Digital Communications: WhatsApp chats, SMS messages, emails, and social media posts from the in-laws that are abusive or threatening.
• Audio/Video Recordings: If legally permissible in your context, recordings of abusive conversations or taunts can be powerful evidence.
• Witness Testimony: Statements from friends, neighbours, or even other relatives who have witnessed the harassment can corroborate your claims.
• Personal Diary: A contemporaneous log of incidents, detailing dates, times, specific insults, and the emotional impact on you, serves as a credible record.
• Medical Records: If the stress has led to anxiety, depression, or other health issues, a doctor’s report can link your medical condition to the mental harassment.

How long will the investigation take?

The duration of a legal case varies. Under the BNSS, the police are generally required to complete their investigation and file a charge sheet within 90 days of the FIR, although this can be extended. Cases under the PWDVA are intended to be disposed of quickly, ideally within 60 days, but court backlogs can cause delays. An experienced lawyer can navigate the legal system efficiently, file necessary applications to expedite hearings, and ensure your case moves forward without unnecessary delays.

Advocate Sudhir Rao, Supreme Court of India