• Harassment by wife through SMS and calls

My wife has files 498A in 2008 which was dismissed as prosecution failed to prove. After 2 years condoning delay petition was filed which was also dismissed. In the meanwhile she went to electronic media and said that I have forced her to undergo abortion as in scanning I found is a girl child. Based on this I have filed divorce on the grounds of cruelty. She filed counter in divorce case after few dates she also gave memo stating that she has no problem in giving divorce when the judge asked for her absence. When the case was in my favor and it was reserved for judgment. In this meanwhile she filed transfer petition to Hyderabad, which was transferred to Rangareddy courr. Here in Rangareddy court she also filed MC where she is earning above 50k.i have produced the same in the court which is pending. My question is, she is sending SMS at late nights abusing me. She is stating that 498a and MC as been filed as I told her to do so and don't care about the money. In petition she is stating she is jobless and in small she saying she don't need money
So for sending me sms in late nights what action can I take legally. Blocking number doesn't work here. Please suggest as in suffering from last 10years
Asked 4 years ago in Family Law
Religion: Hindu

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10 Answers

Capture the messages where she is saying that she does not needs any financial assistance from you and produce the same before the Court.

You may request her not to disturb you late at night by sending you messages continuously. This could be done via an e-mail.

If the above does not helps, send her a legal notice.

Vibhanshu Srivastava
Advocate, New Delhi
9422 Answers
235 Consultations

5.0 on 5.0

1) in the divorce petition filed by you seek a restraint order restraining your wife from calling you or sending you messages , email or in contacting you in any manner

2) submit details of sms received by you late at night

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

If you have a pending case before the Family court or any other court for grant of decree of divorce then you can file an application before the same court and pray for restraining your wife from contacting you and from sending you SMS this relief can be sought by husband in matrimonial proceeding. Once you get the relief and in spite the order she continues to send you SMS you can a police complaint for flouting court's order. Even now you can also lodge a report to police cyber cell for mischief and harrsssament by using electronic media.

Ujwal Rajan Phasate
Advocate, Nagpur
37 Answers
4 Consultations

5.0 on 5.0

1) Don't attend calls I have full rights whose phone calls to attend and whose not. Better you record once her abuse call and produce in the court or make complaints in the police station.

Ganesh Kadam
Advocate, Pune
12308 Answers
184 Consultations

4.9 on 5.0

You can file a complaint for harrassment with police. You can also file a private complaint before Magistrate in the said case.

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0


File an FIR against her for criminal intimidation.

Show those messages to the police alongwith the copy of the complaint.

Go ahead and lodge a complaint against her.


Anilesh Tewari
Advocate, New Delhi
17923 Answers
367 Consultations

5.0 on 5.0


It is suggested to file complaint and also file applications in court asking for injunctions.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. Sending of SMS to husband (she is still your wife) at late night does not constitute an offence as per IPC unless the same are objectionable and abusive.

2. Keep receiving those SMSs which you might to be appropriate at a later date to prove her continuing to harss and torture you till now which might help you in getting decree of divorce fast.

Krishna Kishore Ganguly
Advocate, Kolkata
26470 Answers
726 Consultations

5.0 on 5.0

If she is behaving arrogantly especially while there is a case pending before court, you can issue a legal notice to her instructing her to refrain from indulging in such illegal activities by attaching the copies of her SMS and can send a clear cut warning that you would initiate proper legal action against her if she is not refraining from doing such things in future.

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

Give a police complaint.

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

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