Husband tortures wife?

Question

Its easy to torture mentally the wife in terms of dowry and even beat her.These things happen inside four walls , and these cruel husbands escape easily.Is there any way to punish the guilt?what evidence needed to prove this if we go to court?Any light on this will be gladly appreciated ty, have a nice day!!!
Ritu, India

Answer 1

You have hit the essence of this matter of torture/cruelty & rightly stated that all such thing happen in four walls, with no witnesses. The more difficult is when its only mental torture/cruelty as there exist no evidence for such. Spoken words with regard to dowry demand, abuses & harsh words spoken by husband to his wife in their bedroom which no one can hear is really difficult to prove in the court by a simple statement of the aggrieved wife only. The court shall definitely ask some more evidence to corroborate such statement of the aggrieved wife. What all such wife can bring on the record of the court to prove her charges that her complaint is not dismissed is a very important issue here. Let me bring this issue for the general information of all that will help such aggrieved wives for getting justice in the court of law. Now the modern equipments which one can purchase from market & use for recording the video coverage of all what happens in the four walls is the best piece of evidence. Such piece of evidence will be no doubt will be challenged by the husband as being fabricated & the wife shall be asked to prove its genuineness by proper scientific verification by the experts, which will be allowed by the court & any verification report about the genuineness of such video recording given by the experts & laboratory dealing with such issues will be admissible piece of evidence. Once this video recording where the husband is found giving mental torture to his wife for issues such as direct dowry demand, oral abuses, harsh words spoken with regard to her character before the marriage, abuses to her parents or any close relatives that will show the frustration of the husband for some sort of financial gains which he or his parents or other relatives expected from the wife or her relatives but could not get for some reasons, or issues like giving birth to a female child, or doing a job by the wife where the timings are erratic or her connection with other male employees of her company where she works etc are issues on the basis of which usually the husbands make comments & even extend such comments to mental torture. A clear video recording of such events not once but for number of days, without any editing of any sort, even if the video recording shows the resentment on the part of wife while the husband is making such comments or inflicting abuses to her should not be altered as this will strengthen the case of the wife. The court will see that due to all these acts of the husband who much the wife was getting disturbed mentally & any resentment or response from her side will not go against her as it’s always taken by the courts that any act done at the moment of extreme provocation or in self defense is no offence. The genuineness of such video recording depends on the unedited version of the whole episode & the court shall look it from that prospective only. Apart from such use of modern equipment of technology the medical checkup by the wife done by an expert neurologist who gives his expert opinion on the mental condition of the aggrieved wife if goes to show her being having mental depression just because of such mental torture is another piece of evidence that will be going in her favor. In case if the husband & wife are not staying together for some reasons & are communicating with each other by computer network or mobile phones, such conversation taking place between them or mails exchanged between them are also very important piece of evidence to prove the mental torture. All such recording of events as happened between the couples when seen in totality by the court, if shows to the satisfaction of the court that the charges of mental torture as levied by the wife are correct & no other conclusion can be drawn from but the act of mental cruelty by the husband on his wife, then such husband will find him soon behind the bars, either under the provisions of section 498A of the Indian Penal Code for the act of cruelty or the aggrieved wife will be granted protection orders under section 22 of The Protection Of Women From Domestic Violence Act, 2005. Any infringement of such protection order can make such husband behind the bars if he repeats such act again under section 36 of this Act. The way out I have suggested here is for the proper preparation of such criminal complaints against the husband or & his relatives by the aggrieved wife, what actually happens that in the heat of aggression the wife goes out & contact the police or the so called women welfare organization who make her file criminal complaints in the court against the husband & his relatives, without ascertaining the availability of the relevant piece of evidence with regard to such complaints. The result is that in event of lack of evidence such husband & his relatives get benefit of doubt & let off by the courts. Rather then contacting these few organizations if these aggrieved ladies contact some good lawyer who help them get such evidence prepared to be used latter on in the criminal complaints filled against the husband & his relatives no such husband or his relatives will go scot free as usually it happens. One should always remember the golden rule while going to any judicial court for any legal adjudication, prepare your case completely first by collecting relevant piece of evidence & then jump in for any legal battle.

Answer 2

Torturing wife is very common all time. there are many reasons for that. I could put some of them.
1. Physically, husbands are more stronger that wives, and husbands dont fear on the reaction from other side
2. Husbands mostly work outside and wives work at home. though this tradition is changing rapidly(?), husbands get frustrated from some unwanted daily life activities and all his frustrations come out on her wife. There is other part of this story also. if woman work outside, then also she suffers krodha from her husband...
3.there are many specific reasons and if I keep typing... I guess I can complete my 50 today...
but, just wanted to tell if you are getting tortured by your spouse(may be male/female), your first reaction should to try to reach to the root cause of this problem and fix it(if possible).
Probably, you can keep yourself on his place and think what are the wrong things you did and why is he punishing you. Sometimes you could get over-reaction from him ... but you should try to handle these behavior carefully. If after that also, he is torturing you, better to take him to court/break the relation. Women generally dont go to court and this is the point, man always take advantage of this.

Answer 3

Husband tortures wife?

Answer 4

I know very little about the laws of India, but I do know that women there do not enjoy full equality. I have only two suggestions: Marry a foreigner who won't expect the business of a dowry, or prepare a court case.
In any legal system documentation is highly important. Record your conversations, record the beatings, set up a video camera or have a friend listen to what is going on. Then at least if you went to court you would have a lot of evidence against him.

Answer 5

1. Sec. 498A IPC - For mental or physical or dowry related harassment or torture. Carries 3 years imprisonment. Accused person is immedietly arrested.

2. Sec. 3 & 4 Dowry Prohibtion Act - Demand for dowry or taking dowry. Imprisonment upto 5 years and fine upto Rs. 15000.

3. Sec. 18, 19,20, 21, 22 of Protection of Women from Domestic Violence Act - Imprisonment upto 1 year and Fine upto Rs. 20,000.

Evidence can be Direct evidence of eye witness, Documentary evidence, Oral evidence of complainant or circumstantial evidence i.e facts suggesting an inference as to the guilt of the accused etc.

Answer 6

Dear,

Firstly report to the authority. Later bring to court.
Nobody will get away. There must be a case to answer. Nobody is so foolish to bring cases to court without a case to answer. The rules of engagement and laws of evident is there to follows. Please forget about any law in your country. There's always a law on self defense and human rights. Use that Law. Torturing are criminals deeds. It's not a civil suit. Criminals should be punish accordingly.

Answer 7

If you have been tortured and abused, use any hospital records that you have and explain in court what happened.

Get yourself into Therapy and even see a Psychiatrist. Have both the therapist and psychiatrist write up reports that detail all of the signs of abuse that exist in you. Those signs will clearly be there.

Take care,
Troy

Answer 8

If you are in India and you or related persons have this problem, you can first go to the "women's police station" and make a complaint: They know how to deal with all: Whether it is true or false etc: But if any women does not like to live with the married man do not torture him in the name of dowry;

Answer 9

you cant change a society, or the cultures of some people.. In some countries they cut your hand off for stealing, how do you change that? The list could go on and on.. but the only advice I can give is Education is key to getting change. The more Women know about their rights in other countries ( if they have any at all) the better they can defend themselves.

Answer 10

Better to keep a hidden camera and tape recorder in your bedroom and tape everything you want to create good evidence for the dowry crimes and produce the same to the police station. You can also give a copy to a legal adviser and ask him to advice your husband. Mostly your husband will become alright. Yours VRVRAO

Answer 11

I dont know how the law is in India and if women have the same rights as men do but don't let that go on any longer. Report him, go to court do whatever it takes but don't let that continue. Good luck and I hope things get better.