Personal injury

Dear client,

You can file a case for emotional distress in India by going to civil court and asking for compensation if someone has caused you mental suffering through their actions. This is called a civil suit for emotional harm or mental harassment. You will need to show some proof like messages medical records or witness statements to support your claim. If the person threatened or harassed you you can also file a police complaint under criminal law. Emotional distress is not a separate offence but courts do accept claims if there is enough evidence.

 

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DRAFT COMPLAINT FOR EMOTIONAL DISTRESS / MENTAL HARASSMENT IN THE COURT OF THE HON’BLE METROPOLITAN MAGISTRATE/FAMILY COURT At: ___________ COMPLAINT UNDER SECTION 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 (or you may choose to proceed under civil or tort law, or Section 498A IPC for mental cruelty) COMPLAINANT: Name: [Your Daughter's Full Name] Age: [Age] Address: [Present Residential Address] VERSUS RESPONDENT: Name: [Husband's Full Name] Age: [Age] Occupation: [Last Known Job/Company Name if known] Address: [Last Known Residential Address] MOST RESPECTFULLY SHOWETH: That the Complainant is the legally wedded wife of the Respondent, having been married on [Date of Marriage] in accordance with [Hindu/Muslim/Christian etc.] customs and rites. That after the marriage, the Complainant joined the Respondent at the matrimonial home located at [Address]. That the Respondent has, since the inception of marriage, subjected the Complainant to constant mental harassment, emotional abuse, and cruelty, which has caused her extreme emotional distress, anxiety, depression, and psychological trauma. That the Respondent would often use degrading, humiliating, and abusive language, isolate the Complainant from her family and support system, and make threats of abandonment or defamation, without any reasonable cause. That despite repeated efforts by the Complainant and her family to reconcile the relationship, the Respondent showed no improvement and eventually forced the Complainant to leave the matrimonial home in [Month, Year], rendering her emotionally and financially vulnerable. That the mental torture and emotional abuse inflicted upon the Complainant has caused serious deterioration in her mental and physical health, leaving her unemployed and under medical treatment. That the Complainant has suffered irreparable emotional damage and seeks protection under the law for the inhuman and mentally torturous behavior of the Respondent. GROUNDS FOR FILING THIS COMPLAINT: Emotional distress and mental harassment constitute domestic violence under Section 3 of the Protection of Women from Domestic Violence Act, 2005. The conduct of the Respondent also attracts provisions under Section 498A IPC (Cruelty), and may also give rise to a civil claim for damages for emotional distress. PRAYERS: In light of the above, the Complainant humbly prays that this Hon’ble Court may be pleased to: Take cognizance of the present complaint and issue notice to the Respondent; Restrain the Respondent from contacting or harassing the Complainant directly or indirectly; Direct the Respondent to pay compensation for emotional abuse and distress suffered by the Complainant; Grant monetary relief/maintenance as per Section 20 of the DV Act; Pass such other or further orders as this Hon’ble Court may deem just and proper in the interest of justice. Place: [City] Date: [DD/MM/YYYY] [Signature of the Complainant] [Your Daughter's Name] Through Counsel: [Advocate's Name] [Bar Reg. No.] 📌 Notes: Attach any evidence: e.g., WhatsApp messages, emails, photos, or medical records showing psychological trauma. You may include an affidavit and verification clause as per local court format. File it before the Judicial Magistrate First Class (JMFC) or Family Court in the jurisdiction where your daughter resides.