• My sister is getting threat calls from her husband can file case against him ?

From last 4 years they are married and leading life but he is tourcharing her since from 1 st year only now its become very hectic and unable to handle he is in army and everyday he calls her and tourcher her everyday over the phone , using bad words and abusing her on every night and her in laws also support his son pls suggest me what case can i or my parents can file case against him / his family
Asked 4 years ago in Family Law
Religion: Hindu

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20 Answers

1) record the threats

2) then file Dv case against husband seek protection order , right to stay in matrimonial home , maintenance

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Yes your sister can file a case under domestic violence mental cruelty and if he is threatening than under 506 ipc for criminal inteminidation.

Your sister and record phone calls for evidence.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

File a case of harassment against him.

Also file a complaint with the CO of his unit and claim monthly maintainance.

Lodge FIR with all the relevant evidence available to show harassment.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Madam,

You might not be knowing that there are half a dozen enactments in favour of married women. You can make use of them which are listed below.

Section 498A in The Indian Penal Code

376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun¬ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

DOWRY PROHIBITION ACT

1. Definition of `dowry’.

In this act, `dowry’ means any property or valuable security given or agreed to be given either directly or indirectly:

a. by one party to a marriage to the other party to the marriage; or

b. by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person;at or before or any time after the marriage in connection with the marriage of said parties but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.

Explanation II.-The expression `valuable security’ has the same meaning as in Sec. 30 of the Indian Penal Code (45 of 1860).

2. Penalty for giving or taking dowry.-

(1) If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than five years, and with the fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more:

Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than five years.

* * * Explanation I omitted by Sec.2 w.e.f 2nd October, 1985

(2)Nothing in sub-section (1) shall apply to or, in relation to,-

presents which are given at the time of a marriage to the bride (without nay demand having been made in that behalf):

Provided that such presents are entered in list maintained in accordance with rule made under this Act;

presents which are given at the time of marriage to the bridegroom (without any demand having been made in that behalf):

Provided that such presents are entered in a list maintained in accordance with rules made under this Act;

Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given.

1. Penalty for demanding dowry.-

(1)If any person demands directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine which may extend to ten thousand rupees:

Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.

4-A. Ban on advertisement. If any person-

a. offers, through any advertisement in any newspaper, periodical, journal or through any other media any share in his property or of any money or both as a share in any business or other interest as consideration for the marriage of his son or daughter or any other relative,

b. prints or publishes or circulates any advertisement referred to Cl. (a), he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to five years , or with fine which may extend to fifteen thousand rupees:

Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than six months.

THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

17. Right to reside in a shared household.—(1) Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same. (2) The aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent save in accordance with the procedure established by law. 18. Protection orders.—The Magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from

19. Residence orders.—(1) While disposing of an application under sub-section (1) of section12, the Magistrate may, on being satisfied that domestic violence has taken place, pass a residence order— (a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household; (b) directing the respondent to remove himself from the shared household;

20. Monetary reliefs.—(1) While disposing of an application under sub-section (1) of section 12,the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include, but not limited to,— (a) the loss of earnings; (b) the medical expenses; (c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person;

22. Compensation orders.—In addition to other reliefs as may be granted under this Act, the Magistrate may on an application being made by the aggrieved person, pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by that respondent

23. Power to grant interim and ex parte orders.—(1) In any proceeding before him under this Act, the Magistrate may pass such interim order as he deems just and proper. (2) If the Magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent.

Section 125 in The Code Of Criminal Procedure, 1973

125. Order for maintenance of wives, children and parents.

(1) If any person having sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

1. Subs. by Act 45 of 1978, s. 12, for" Chief Judicial Magistrate" (w. e. f, [deleted] ).

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means. Explanation.- For the purposes of this Chapter,-

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1) First, ask your sister what she wants? If she wants to live with her husband or get separated.

2) If she wants to get separated, than apply Mutual Consent Divorce and apply for it.

3) In this case your sister should take initiate for to registered FIR or complaints against her husband and family.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. Your sister shall have to decide as to what does she want from her this marital relationship.

2. It is she who shall have to take decision and act since she is the sufferer considering that divorce is the 2nd most stressful event in one's life.

3. If she decides to terminate the relationship, she should lodge a police complaint against him u/s498A of IPC, file DV case against him and also file an application u/s125 of Cr.P.C. claiming maintenance.

4. Before lodging/filing complaint/cases, she shall have to collect irrefutable evidence in support of her allegation by audio/video recording all his conversations.

5. Finally she can file a Divorce Suit against him on the ground of cruelty claiming substantial amount towards compensation/permanent alimony.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Dear Client,

Army is very strict in this regard. First file criminal case under Indian Penal Code at Local Thana PS.

Next complain to his seniors/Commanding-in-Chief that she is threatened, harassed and humiliated/beaten by husband.

Army take such seen very serious and misconduct.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Firstly before filling any case, I would advise your sister to record the calls of her husband. That would help her in the long run. As far as your query regarding what case should be filed, it depends on how your sister views her future with her husband. If she wants to stay in the marriage, filling cases is only going to make matters worse. In that case, it is advisable to have your family intervene and try to resolve issues. If she doesn't want to stay in the marriage, then she should file for Divorce and other cases depending on what exactly she has been tortured for.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

You can record the calls and file police Complaint against him. You can also report the same to army head quarters for action against him.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

If your sister has decided to end the matrimonial tie, then, speak to the other side whether he is ready for divorce by mutual consent. Decide the alimony and custody of the childrens and go for settlement.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Let her call police by calling 1090 that is women help line to just give him lession for his behavior.

Police will do some counselling of him and will worn him for his behavior.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You have two option:

a. Move a complaint before his higher ups in the Army; or

b. move a complaint before the crime against women cell of the Police.

The option a is extremely effective. The Army will mediate your difference with your husband and in case the husband has neglected to maintain you, you can also seek maintenance from your husband through the aide of Army.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

As per my opinion you can lodged an FIR against her husband n in laws under Section 498A of I P C. You just mention everything in the FIR which is committed by her husband and in laws.

Bindu Gogoi
Advocate, Guwahati
75 Answers
2 Consultations

4.8 on 5.0

1. File harassment complaint against him with superintendent of police ( as your sister's husband is army officer ) .

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Torture by husband and his family members , amounts to cruelty and domestic violence as well.

- Firstly she have to decide , what type of action she wants against the persons , who are giving her mentally tension.

- If , she wants to teach a lesson only , then she should lodge a complaint with the Women Cell . The official of the CWC ,will try to resolve the matter in dispute after sending notice to her husband and family members.

- If, the matter will not resolved or husband not cooperate, then that complaint will turn into FIR against the persons , creating problems for her.

- Further,she can also file a complaint under 125 crpc in the family court for maintenance and also can file a complaint against her husband and his family members under Domestic violence Act.

- Your sister can withdraw these cases at any stages, if she wanted to continue her matrimonial life with her husband.

- Cruelty is also a good ground for getting divorce.

Better to discuss with her , what way she wanted to adopt , to get relief from her day to day tourchure.

Mohammed Shahzad
Advocate, Delhi
9920 Answers
121 Consultations

5.0 on 5.0

File a case for domestic violence, dowry demands, divorce also if wish to.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

file a case against him for harassment on account of dowry i.e 498a,406,323,506 ipc

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

Hi Dear client

Nothing to worry go to the police station and give complaint against the husband that his threatening you that he will kill u n all and file as many as cases like domestic violence, dowry harassment and section 498a of ipc cruelty by the husband and also file section 125 of crpc claiming maintenance from him then only he will come to the track till then he will not. For further details call me

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

On behalf of your sister, you or NY family member may file a domestic violence case against them before magistrate court under section 12 of Protection of women from domestic violence Act 2005 and claim protection, right to residence, maintenance, child custody, if any and compensation under section 18/19/20/21&22 of the Act.

She may file an application against him before his commanding officer and claim maintenance under Army Act too.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

She can lodge criminal complaint with local police for his tortures and illegal activities against her.

She can also file a domestic violence case against him and his instigators.

If the situation is beyond tolerance then she can even file a divorce case on the grounds of cruelty.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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