• Threat to life from ex wife

My wife and I divorced 3 years back and the custody of my daughter went to her. I was outraged and still wanted her back in life and found it difficult to live without her and the kid. So I tried talking to her off late. She and her relatives have been threatening me to kill me if I don't leave her alone. I have not been trying to contact her since then but I am very afraid. Can I file a case of this possible threat to my life in the court ? They are really influential people with a lot of money and power.
Asked 7 years ago in Family Law
Religion: Hindu

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11 Answers

You can file a criminal complaint for criminal intimidation against your wife and her family members under Section 503 IPC which has veen reproduced below:

Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

If the police refuse to register your FIR, you have the right to send details of your complaint to the local Superintendent of Police or Deputy Commissioner of Police. If he thinks that a cognizable crime has been committed, he has to either investigate it himself or order an investigation under S. 154(3) CRPC.

If no action is taken even after you have approached the Superintendent of Police or Deputy Commissioner of Police, you can go to the local magistrate seeking orders for the police to investigate and file FIR under Section 156(3) CRPC.

Feel free to call.

Regards.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Record the threats

2) you can file complaint against her family members of criminal intimidation under section 506 of IPC

3) best option is to remarry and move on in life

4) don’t contact your ex wife in future

Ajay Sethi
Advocate, Mumbai
99814 Answers
8147 Consultations

hello,

after the divorce, you shouldn't talk to her unless she is willing. if you want visitation rights, you should file an appropriate application before the court. other than that, don't take matters into your own hands, as things could go out of hand and they could slap false cases upon you. if you had strong grounds to divorce your wife, then, then don't go back to what you thought was right. things can be undone but only if you both wat the same thing.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1) Once you had divorced than you have to remarry with her and take her concern for this court could not do any thing regarding you come back in her life.

2) Its total your wife's wish to get together for living with you in your life.

3) Still you may take one chance and ask court for cancellation of divorce and file RCR case on your wife.

After the Divorce

After your divorce is final, there is no legal way you can retract it or undo it. You’re divorced -- your decree is a final court order. If you want to remain married, you’ll have to remarry. If you want to retract your divorce because you don’t like the court’s trial decision or because you’ve changed your mind about a settlement to which you agreed, you face an uphill legal battle. You can appeal the court’s trial decision, but you must have specific legal grounds on which to do this. Even if you’re successful, this will only change the terms of your decree. The decree will still exist and you’ll still be divorced. If you agreed to a marital settlement, the terms regarding property division usually cannot be undone. You can petition the court to modify the provisions regarding custody or support if you’ve experienced a change of circumstances. However, this doesn't undo or retract your divorce either. It simply alters its conditions.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Well, you can always inform the police about the threat on your life which her relatives held put.

2. For the kind you can always file a suit for custody of the child.

3. in the custody suit you may not get the custody but will get her visitation rights for sure.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Sir if there is possible threat you can register a complaint for criminal intimidation .defined under 503 IPC and punishable under 506 IPC.

Further give a written complaint to senior police officials.

in case no FIR is filed from police side can file a private complaint with the magistrate.

Sir in my opinion they threatened you to keep away so you can intimate police instead going for FIR as this can trigger things from both side and she can press charges on based on calls and messages.

Further since divorce is granted and limitation to challenge is over you cannot anything of that better then that you can apply for custody of your child with the district/family court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello,

If they pass a threat now then you can file a case against them for criminal intimidation, keep records of such threats being passed by them so that the same can be produced before the police at the appropriate time.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear Sir,

You can file a complaint against them. But you should think of second marriage. The world is very vast and you need soothing heart body. It is natural that every animal/human needs a mate. Please get marry to any other woman and start new life.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Firslty, sir what you have been doing is also a punishable offence if she goes to the court.

Secondly, though I understand the pain from which you have been going through.

Thirdly, if you want to file complain against them then they may also go for the same against you for infringing their privacy rights. So, i advice you to give her sometime And move accordingly, but yes they can go to the police in lieu of threatening you with killing word.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

You cannot have contacts with her after your marriage is dissolved and she is no more your wife.

However for child custody you can file a case in the court if there was no agreement arrived between you both at the time of divorce in this regard.

It is because of your activities that your wife and her people threatened you, therefore you may refrain from such indulgences in future.

Once you dont disturb her, she will not come your way.

T Kalaiselvan
Advocate, Vellore
90016 Answers
2497 Consultations

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