• Can I file a police complaint against a lady for constant verbal abuse to my mother and family

Me and my maternal family stays next to each other. A lady who is my aunt continously abuse my mother, family and my maternal family. She start abusing us and cursing and shouting whenever she sees usus start from 5 am till she sleeps. She speaks degrading things to my mother, my mama and masi's. Sometimes she try to attack my mama as well. She talk such absurd things about all of us to degrade our reputation. My mama(uncle) and his two sons are living separately form her from past 3-4 year as she mentally tortures the kids and my mama. Due to all this chaos we were forced to send my cousins to Boarding School as it is mentally effecting their health. Can we file a police complaint against her and on what grounds. Can my Uncle file for Divorce from her as the things are getting worse day by day without losing the custody of the kids. We just don't want her near us as she may be able to harm us. Please suggest what should we do. Our whole family is disturbed due to that.
Asked 1 year ago in Family Law from Delhi, Delhi
Religion: Hindu

1. A police complaint can be filed for abuse , intimidation, defamation under the IPC.

2. Your uncle can file a divorce agaisnt her under section 13 hindu marriage act on ground of cruelty in the family court.

Shubham Jhajharia
Advocate, Ahmedabad
22816 Answers
92 Consultations

5.0 on 5.0

You should try to record all search acts, so that those recordings can be used against or in police station as well as in court.

You should a complaint against her the please for criminal intimidation under section 506 of the Indian Penal Code.

Your uncle can also file for divorce from her on Grounds of cruelty forwarded by her towards your uncle and your entire family under section 13 of the Hindu Marriage Act, in which cruelty is a valid ground for the grant of decree of divorce.

You also try to gather as much evidence you can which can help you in proving her illegal actions towards all of you.

Siddharth Jain
Advocate, New Delhi
5322 Answers
59 Consultations

5.0 on 5.0

File a suit for defamation or you can lodge a complaint.

Mohammed Mujeeb
Advocate, Hyderabad
13760 Answers
6 Consultations

4.5 on 5.0

your uncle can file for divorce on grounds of mental cruelty

2) wife abusing husband amounts to mental cruelty

3)your mother can also file police complaint against lady under section 504 of IPC

4) Section 504 in The Indian Penal Code

504. Intentional insult with intent to provoke breach of the peace.—Whoever intentionally insults, and thereby gives provoca­tion to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Ajay Sethi
Advocate, Mumbai
71952 Answers
4324 Consultations

5.0 on 5.0

- You may file a complaint against her in the local police station under sections of assault.

- Yes, divorce can be sought on grounds of cruelty; in such a situation, custody of the kids should be handed over to your uncle.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

Simply go to police and fill FIR. in case police do not take any action file a defamation suit in the court for defaming you and family under section 500 IPC in the criminal court of your police station.

Vimlesh Prasad Mishra
Advocate, Lucknow
6174 Answers
19 Consultations

4.9 on 5.0

Yes, you/others in your family are free to report this matter to the Police. It is preferable that your mother or any other female member in your family may move a complaint in the present matter with the women cell of delhi police.

Your uncle may apply for a divorce against her wife on one of the grounds as available to him under the Hindu marriage act.

Vibhanshu Srivastava
Advocate, New Delhi
8752 Answers
152 Consultations

5.0 on 5.0

Yes !! If she's is sharing a house hold with your family an FIR UNDER DV Act can be filed.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

Firslty, wotrhlu wasting a single minute, I would advice you to file a criminal complain against her under different sections of IPC.

Secondly, as first complian always put you at the save side as who knows if she files any false complain against you all.

Thirdly, yes, your uncle may file divorce on the ground of mental cruelity, and he may also not lose the custody of the children due to her mad behavior.

Rest you are free to give a chance to help you further in future.

Sanjay Baniwal
Advocate, South Delhi
5032 Answers
11 Consultations

5.0 on 5.0

Registered a complaint through advocate to your nearest police station and also file a complaint case before court for registering fir against her... Yes your auncle may file divorce petition after complaint register to the police station on grounds of cruelty....for more info uh can contact us on brlegalassociates.com

Nishant Bhadoria
Advocate, delhi
73 Answers

4.8 on 5.0

If you are affected and aggrieved by aggression and her nuisance then you may lodge a criminal complaint with local police against her.

If your uncle is not able to tolerate her then he may decide to file a divorce case against her on the grounds of mental cruelty.

T Kalaiselvan
Advocate, Vellore
61890 Answers
799 Consultations

5.0 on 5.0

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