What is the remedy in the Indian Law if a wife tortures her husband?

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What is the remedy in the Indian Law if a wife tortures her husband?

Introduction
Husband can also be the victim of mental harassment by wife
No specific law for husband to protect him
On 2nd october 2022, thousands of husbands gathered at Jantar Mantar at New Delhi who were victimised
Some year ago, an organisation called patni pidit sangh was established at New Delhi
Due to patriarchal society in India it is believed that it the woman who is always the victim and rarely the man
Victimisation of man is not given much attention in our country
Even lawyers or police do not take complaint of husbands who have become victims
Some wives abuse the process of law and slap cases against husband to extort money
The attitude of society is always in favour of wives/women
When a woman claims to be victims of violence and harassment, society sympathises with her but in case of victimisation of man the response of society, law enforcing agency is luke warm


What is cruelty or mental harassment
On the basis of catena of judgement by higher judiciary. It can be assumed that following may be the form of cruelty
If your spouse physically assaults you
You are subjected to continuous anger, screaming and yelling
You are jeered at for your look
You are falsely accused of engaged in adultery
Your spouse is staying away from marital residence without a reasonable explanation
Your spouse is having an affair or adulterous relationship with other person
You are always threatened by your spouse that cases will be slapped against you
Your spouse deliberately avoid to established sexual relationship with you


Legal Remedies for Husband
File a complaint against your wife at the nearest police station. So that your wife can not slap false case u/s 498 (A) ipc, section 3,4 dowry prohibition act to implicate you
Inform your in-laws, neighbours about the atrocities committed upon you by your wife regularly.
Meeting should be held to patch up difference between wife and husband
Install cctv camera to track the behaviour of your wife in your house
Gather call recording and chat screenshots and the abusive languages that your wife uses against you
These recording would help you in the court
File a counter case against your wife under section 191 ipc (for fabricating evidence), u/s 182 ipc (for giving false information), u/s 506 ipc (for criminal intimidation)
If a false case is registered against husband by his wife and when the trial start, husband can petition in the court u/s 227 crpc asserting that the complaint filed by his wife is unsubstantiated and if judge considers that there is no sufficient grounds for proceeding against the accused, then he shall discharge the accused, recording reasons for doing so
u/s 13 of Hindu marriage act, a husband can file for divorce accusing wife of indulging in cruelty towards him. Under this act divorce can be obtained by either wife or husband on the ground that
The other party has voluntary sexual intercourse with any person other than his or her spouse
Has treated the petitioner cruelty after marriage
Has deserted the petitioner for a continuation period of no less than 2 years
Has ceased to be Hindu by conversion to another religion
Has been incurably unsound mind or suffering from mental disorder
Has been suffering from leprosy
Suffering from venereal disease
Has renounced the world
Has not been heard for 7 years
That there has been no restitution of conjugal rights between parties to the marriage for a period of 1 year of more
Solitary instance of cruelty would not constitute cruelties so as to grant a decree for divorce
The cruelty must be of such magnitude that a reasonable apprehension in the mind of husband is caused that it will be harmful or injurious for him to live with his wife
u/s 27 of special marriage act, a husband who is not a Hindu, the husband can file a divorce petition u/s 27 of special marriage act, accusing wife of engaged in cruelty

Conclusion
Because of the patriarchal society in our country, victimisation of man is being given scant regard
This is against the constitutional provision of article 14 and 15 of our fundamental rights
Law prohibits any discrimination only on the grounds of sex, caste, creed, colour, religion
The Constitution guarantees equal protection of law to all. But overlooking the victimisation of man is the negation of the concept of equality enshrine in our constitution