• Mental cruelty and defamation

I have been under depression treatment for four years now and was not able to find a job to meet my financial needs, meantime, my brother in law who has a criminal background but work in private sector, called me to his house and mentally tormented me with lot of false allegations. After which I came under mental trauma and life was useless after the high level of abuses and shoutings. I was abetted to commit suicide and I did make one failed attempt. My wife is under her brothers influence and she asked for divorce. Now I am not able to cope with the trauma and I was forced to leave Gurgaon , therefore loosing my job which I had joined just give days before incident took place. It was an ordeal to find a job. Can I seek justice and damages in lieu of my job loss due to my brother in law, also I need divorce from my wife, who has been part of the mental cruelty. Any guide
Asked 2 months ago in Criminal Law
Religion: Hindu

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9 Answers

Hi,it is advisable to file divorce petition on  the grounds of mental and physical cruelty ..Also a criminal FIR can be filed against your brother in law for criminal intimidation under section 506 IPC ...Let me know if you require further assistance..Thank you 

Hemant Chaudhary
Advocate, Gurgaon
4605 Answers
48 Consultations

4.9 on 5.0

You can file divorce case against your wife on mental cruelty ground.

and defamation and dv case against your brother-in-law.

Ganesh Kadam
Advocate, Pune
12005 Answers
128 Consultations

4.9 on 5.0

File a divorce petition on grounds of menttal and physical cruelty. You may also file a defamation case.

Rahul Mishra
Advocate, Lucknow
12251 Answers
29 Consultations

5.0 on 5.0

Well there are 2 major aspects of your case.

  1. Brother-in-Law.
  2. Wife.

And there is a Third one it is YOU.

 

Lets start with the 1st aspect, your Brother-in-Law.

  • To prove mental torture/cruelty with defamation you need lots of EVIDENCE. So what kind of Evidence do you have to prove your case?
  • You alleged that your Brother-in-Law has a criminal history, right? Do you have any proof of that?
  • Your relative has taken an advantage of the situation you are into. Had he done it all by himself?
  • The mental trauma you are facing due to HIS act, Is he aware of that? 

The case against your Brother-in-Law comes under Sec. 504 IPC, Sec 500 IPC with Sec 294 IPC, Sec 34 IPC & Sec 120B IPC.

 

Now about your Wife.

  • She got influenced by her own Brother and gone against you seeking for Divorce.
  • You can file Mutual Divorce U/s 13B of Hindu Marriage Act.
  • As both the parties agree to the dissolution of the Marriage by mutual consent there will be no issue in granting the decree being both the parties from the same religion Hindu.

 

The Final aspect of the case i.e. YOU.

  • You must be aware of the law for an ATTEMPT TO SUICIDE is U/S 309 IPC.
  • To proof that your Brother-in-Law has committed an offence under Abetment of Suicide U/s 306 IPC you need strong evidence for that.
  • Your medical history, as you said earlier, under Depression can also be a cause behind your one failed attempt.

 

Yes for the job loss you can ask for Damages from your Brother-in-Law only if it is proven that he is the person for whom you have lost the job and your mental piece.

 

 

Thanks & Regards

RITWIK SARKAR ADV.

Ritwik Sarkar
Advocate, Kolkata
26 Answers

5.0 on 5.0

You are at liberty to file for divorce on grounds of mental cruelty 

 

2) best option is to file for divorce by mutual consent 

 

3) suit for damages take 15 years to be disposed of 

 

4) don’t file any suit for damages 

 

5) litigation is long drawn and expensive proposition 

Ajay Sethi
Advocate, Mumbai
82096 Answers
5157 Consultations

5.0 on 5.0

If your brother in law had unleashed any violent activities like assault or physical abuse then you should have reported the crime to police immediately. 

The subsequent developments namely the depression or losing your job due to your mental condition do not attract any offence against him. 

The thought of taking action against him after 4 years may not be maintainable. 

If you want to file a contested divorce case on the grounds of cruelty you may proceed but you may have to gather good documentary evidences to establish your pleadings in the petition for divorce. 

You may discuss at length with your advocate and proceed as suggested. 

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

There is no provision in law if you lost the job coz of accusations, however strong, for compensation. It helps to have thick skin. Over sensitivity is harmful, one cannot survive with such type of reactions. It shows you emotionally weak. Find a job, any job for the time being, ignore what others say. You will have divorce, no difficulty and make them payback.

Ravi Shinde
Advocate, Hyderabad
797 Answers
7 Consultations

5.0 on 5.0

Dear sir,

 

As far as your divorce is concerned, you can always seek divorce on grounds of mental cruelty as it is a very valid ground. 

Also, you can file FIR for verbal abuse and mental torture under Section 294 of IPC and also for abetment to suicide under sectin 306 IPC. If you are sufficiently able to prove that this torture was the direct cause for your job termination, you can rightly claim for damages and compensation as well. Thank you.

 

  • For more assistance, you can book a consultation with me.
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Anik Miu
Advocate, Bangalore
1125 Answers
10 Consultations

5.0 on 5.0

- As per Supreme Court, One is bound to tolerate criticism, dissent and discordance but not expected to tolerate defamatory attack,

- Under sections 499 and 500 of the Indian Penal Code, defamation is a criminal offence. Defamatory acts can include “words either spoken or intended to be read", signs or visible representations, which are published or put up in the public domain. The offence is punishable with up to two years imprisonment, a fine or both.

- You have a legal right to live in the society peacefully and respectfully. Law of the land is bound to protect you.

- Your mentioned details are amounts to Defamation, and a criminal case can be filed. 

- You can also file a civil defamation case, for claiming compensation, after paying court fees. 

- Further , if your wife was the cause of such harassment and mental cruelty , then you can file a divorce petition against her on the ground of cruelty and other grounds which you have in your support. 

 

You can contact me , if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
6719 Answers
71 Consultations

5.0 on 5.0

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