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Introduction

Mental cruelty is a pervasive issue which goes beyond gender boundaries affecting both men and women in various aspects of lives. This article aims to unveil the cover on the subject of mental cruelty or agony experienced by men in our society. We are living in the society which becomes very stereotypes which leads to a lack of recognition and support, it is very essential to acknowledge and understand that anybody can be a victims of mental cruelty in any relationship, the workplace, and other areas of life apart from gender orientation. This is the fate of the men in our present society in which it is presumed that a man can’t be a victim of domestic violence, society has pre decided this women can’t do such things to the men.

What is Mental Cruelty?

Mental cruelty, as defined in legal contexts, refers to emotional and psychological abuse or harm to an individual. These abuses typically characterized by particular behavior inflicted by partner or anyone to the victim which causes emotional breakdown, anxiety, depression and even long term psychological trauma. While it may not involve any physical harm and its very tough to recognize and understand the pain and suffering of victim because no one can see it through bare eyes, but mental cruelty can be equal damaging and traumatic even more painful than physical damage.

Forms of Mental Cruelty

Emotional manipulation: Abusers may manipulates their victims and tell repeatedly that your idea of thinking is not right and you should change your perspective of thinking and create the self-doubt in the victim minds.

Verbal abuse: constant abuse and criticism of victims work and activities can damage one’s moral and self-esteem and emotional well-being.

Isolation: Abusers may restrains their victims from family, friends and well-wishers and cut-off their support for victim due to which victims started feeling lonely and vulnerable.

Control: Controlling behavior of abuser towards victim, such as monitoring every act of victim like talking, meeting of the victim can create oppressive environment, and checking day to day activities and try to totally control the victim will create environment of jail inside home.

Challenges faced by men

Those men who experience mental cruelty often faces so many challenges in our society in seeking legal help and legal resources.

Stigma: we live in the society which can’t recognize men as a victim of mental abuse or as a victim of domestic violence they presumed that women can’t abuse a men. For this it’s very difficult to a men to come forward and seek help and speak up about his agony and mental torture.

Lack of awareness: Many men may not recognize mental abuse as a form of abuse.

Legal Implications 

 

To understand and recognize mental agony and torture as a form of abuse is very important within the ambit of legal system, as it helps and allows victims to seek protection against such type of mental abuse and serve justice. Mental cruelty on men within the ambit of Indian legal system and it’s very important to understand how Indian justice system deals with this problem.

Hindu Marriage Act, 1955: Under Section 13(1)(ia) of this Act, mental cruelty is a valid ground for divorce. Men can file for divorce who is facing mental abuse by his spouse, it’s comes under the purview of the code.

Indian Penal Code: Section 498A can also be invoked by men who faces the cruelty from their wives or relatives.

Judicial Precedents: Indian courts have recognized so many cases related to mental cruelty faced by men. These includes denial of conjugal rights, false accusation, humiliation and mental trauma.

Maintenance Laws: Men facing mental trauma during or after separation can also can seek maintenance under Section 24 of the Hindu Marriage Act.

Case: Shikhar Dhawan v. Aesha Dhawan,

In this case Shikhar Dhawn a renowned cricketer of India got married on dated 30.10.2012 at New Delhi. And have separated on 03.08.2020, whereafter got entangled im litigation both in India and Australia. In the proceeding in the court orders to the cricketer AU$150,000 to the respondent herein as part property payment, and orders for the petitioner/husbnd to pay AU$5,000 per month to the wife and meet the outgoing and mortgages expenses on Beaconsfield property, by way of child support and spousal maintenance. Petitioner was also to pay his son’s school fee and associated fee. While a family court granted divorce to cricketer on the ground of mental cruelty by his estranged wife.

Conclusion

The social stigma and lack of awareness towards abuse to men in our society remain significant barrier to stop mental abuse of men by his partner or spouse. It’s very essential to promote awareness towards this and help out male victim to cope up and take the legal remedy. Indian law recognize mental abuse or mental trauma as a legal ground for divorce and takes legal action against the abusers.

References:

• Hindu Laws, containing, The Hindu Marriage Act, 1955 (25 of 1955) as amended by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) (w.e.f. 31-10-2019), UNIVERSAL BARE ACT.

• HINDU LAW (CODIFIED AND UNCODIFIED),

INCLUDING PERSONAL LAWS (Amendment) Act, 2019, (Act No. 6 of 2019)

JUSTICE R.K. AGARWAL.

• OEDER OF THE PATIALA HOUSE COURT, (NEW DELHI DISTRICT)“PRIME LEGAL is a full-service law firm that has won National Award and has more than 20 years of experience in an array of sectors and practice. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best family law firm, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm. Best consumer lawyer, best civil lawyer.”

   

Written by: Aamir Hussain.

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