What about verbal violence from wife? How to report? Any law?

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What about verbal violence from the wife? How to report? Any law?

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In Pakistan, legal protections against domestic violence are primarily focused on safeguarding women, children, and vulnerable individuals from abuse within domestic relationships. While the laws and available judgments do not specifically address verbal violence from a wife towards her husband, the general principles of law and order, along with specific provisions aimed at preventing domestic violence, can be applicable.

Here’s a breakdown of how such scenarios could be addressed:

Legal Perspective

  1. Definition of Domestic Violence:
  • Domestic violence laws, such as The Domestic Violence (Prevention and Protection) Act, 2013, define domestic violence broadly to include physical and psychological abuse. Verbal abuse, if it leads to emotional or psychological harm, may fall under the ambit of domestic violence. The Domestic Violence (Prevention and Protection) Act, 2013, Section 5(f) describes Emotional, psychological, and verbal abuse which means a pattern of degrading or humiliating conduct towards the victim.
  • The Domestic Violence (Prevention and Protection) Bill, 2021, Explanation I (b) states that emotional, psychological, and verbal abuse include insults or ridicule directed at the aggrieved person; threats to cause physical pain to spouse or other members of shared household.
  1. Available Legal Avenues:
  • Pakistan Penal Code (PPC):
    • Section 503 of the PPC deals with criminal intimidation, which includes threatening someone with injury to their person, reputation, or property. If the verbal abuse involves such threats, this section may apply.
  • Protection Orders:
    • Domestic Violence (Prevention and Protection) Act, 2009, Section 8 allows courts to issue protection orders to prevent acts of domestic violence. While these are typically used to protect women, a man experiencing verbal abuse that constitutes domestic violence may also seek such an order. The court on being satisfied that domestic violence has taken place may pass a protection order in favour of the aggrieved person and prohibit the accused from committing any act of domestic violence.
    • The Khyber Pakhtunkhwa Domestic Violence Against Women (Prevention and Protection) Act, 2021. Section 14: addresses the measures the court may take when domestic violence against women is evident and proven.

Reporting Procedure

  1. Filing a Complaint:
  • Police Station: The affected husband can file a complaint at the local police station, detailing the instances of verbal abuse, the impact it has on his well-being, and any threats he may have received. Mst. RASHEEDA BEGUM versus Malik MUHAMMAD AFZAL and 5 others, the High Court directed the S.S.P., Sialkot to hear the grievance of the petitioner and instructed his subordinates to forthwith register a case against the accused for causing hurt and removing valuables.
  • Magistrate Court: Alternatively, a direct complaint can be filed with the Magistrate Court, which can then direct the police to register an FIR (First Information Report) and investigate the matter.
  1. Evidence Collection:
  • Record Incidents: Keep a detailed record of each incident of verbal abuse, including dates, times, and specific words used.
  • Witnesses: If there were any witnesses to the abuse, their statements can be valuable evidence.
  • Medical or Psychological Evaluation: Seek a professional evaluation to document any emotional or psychological distress caused by the abuse.
  1. Legal Assistance:
  • Hire a Lawyer: Engage a lawyer who specializes in family law or criminal law to help navigate the legal process and represent the case effectively.
  • Legal Aid: If you cannot afford a lawyer, seek assistance from legal aid organizations that provide free legal services to those in need.

Key Considerations

  • Gender Neutrality: While many domestic violence laws are designed with the protection of women in mind, the underlying principle is to protect individuals from abuse within a domestic setting. Men can also be victims of domestic violence, including verbal abuse.
  • Psychological Impact: The focus should be on demonstrating how the verbal abuse is causing significant emotional or psychological harm. Evidence of distress, anxiety, or other mental health issues can strengthen the case.
  • Legal Interpretation: The interpretation of domestic violence laws can vary, and the success of such a case may depend on how effectively the verbal abuse is presented as a form of psychological or emotional abuse.

Case Laws & References

  • While there aren’t specific case laws directly addressing verbal abuse from a wife, cases like Adnan Zar v. Mst. Khadeeja Khanum and 2 others highlight the importance of addressing psychological and emotional abuse within family court proceedings. Moreover, in Mst. MA SOODA BEGUM versus BOSTAN KHAN, the judge noted that the wife’s testimony about severe beatings was corroborated by her father and a medical officer’s report documenting injuries.

Conclusion:

There is legal avenue for men to report workplace harassment or violence. The laws against the domestic violence in Pakistan protect women, children and vulnerable people. The husband can report verbal violence at his local police station or magistrate court. He also needs to collect evidence and witness statements to build his case.