There’s an old saying, ‘Marriages are made in heaven and consummated on Earth’. Other philosophers like Plato, in his work The Symposium, suggested that love is the search for our “other half.” In this view, marriage is a soulful reunion, a return to wholeness through deep connection. Aristotle described marriage as a place where virtues like patience, courage, and kindness are put into practice. Living together invites us to refine our character through daily acts of love, forgiveness, and compromise.
However the meaning and definition of marriage is changing with time. While Hindu law affirms marriage as a sacred or sacrament and permanent institution which is in indissoluble, the codification of Hindu Marriage Act 1955 the concept of marriage includes both sacramental and contractual elements. The society over the years have identified a lot of evils of the society such as sati pratha, dowry system, child marriage, patriarchy, etc and social reformists have worked hard to get them out of the Indian society.
While in ancient times cruelty in marriage was quite visible and mostly centric to women, in the modern days both the nature and concept of cruelty has changed. Now cruelty doesn’t only include financial or physical abuse but also mental abuse and its no more gender bias.
Marriage, in its ideal form, is built on trust, respect, and emotional support. But when one partner suffers persistent psychological abuse, manipulation, or humiliation, the marriage becomes a space of mental harassment—a form of cruelty recognized under Indian law. Mental harassment (also called mental cruelty) refers to any behaviour that causes emotional pain, distress, fear, humiliation, or trauma to the spouse. Unlike physical violence, it may not leave visible marks, but its impact is often deeper and long-lasting.
Under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, cruelty (including mental cruelty) is a ground for divorce. Mental harassment is also punishable under Section 85 BNS (498A IPC formerly), where cruelty by either can be both physical or psychological. Section 86 BNS defines cruelty as any wilful conduct likely to drive a woman to commit suicide. Though mental harassment in marriage is not defined anywhere, it may include constant insults or humiliation, silent treatment / emotional withdrawal, threats & manipulation, false allegations & character assassination, control over finances, movement, decisions, constant insults or humiliation, silent treatment / emotional withdrawal, threats & manipulation, false allegations & character assassination, control over finances, movement, decisions, blaming, gaslighting, guilt-tripping, forcing to sever family ties, discouraging medical/mental health support etc.
Case Laws on Mental Harassment in Marriage (India)
1. V. Bhagat v. D. Bhagat (1994) – Supreme Court
The Court held that mental cruelty can be inferred when a spouse’s conduct causes deep anguish and mental pain, making cohabitation impossible.
False allegations in written statements were held sufficient to amount to mental cruelty.
2. Samar Ghosh v. Jaya Ghosh (2007) – Landmark Judgment
The Supreme Court laid down illustrative examples of mental cruelty, such as:
- Constant humiliation
- Denial of sex without valid reason
- Unilateral decisions affecting married life
- Indifference and neglect
This case became the framework for determining mental cruelty in future cases.
3. Naveen Kohli v. Neelu Kohli (2006)
The Court observed that long-term separation & continued allegations between spouses create mental agony, which itself is cruelty.
Held that forcing parties to continue such marriage is unjust.
4. K. Srinivas Rao v. D.A. Deepa (2013)
The wife filed multiple false criminal complaints against the husband and his family.
The Court held that filing false cases is itself a form of mental cruelty, making the marriage irretrievably broken.
5. Shobha Rani v. Madhukar Reddi (1988)
The Court stated: “Cruelty may be physical or mental. Mental cruelty is conduct which causes such pain and suffering that it becomes impossible for the wronged spouse to live with the other.”
Mostly people feel if there are no bruises, it’s not abuse, however in today’s era, emotional abuse is legally recognized and can be more damaging. Also as stated above, it is not only women who face or can claim mental cruelty but it is equally applicable for men. Either of the spouse may feel mentally tormented while struggling in a toxic marraige. Both spouses, though most cases filed are by women, can file a mental abuse case. It’s not just normal marital fight or disagreement on daily chores. Harassment is repetitive, deliberate, and emotionally abusive. Its not an occasional argument.