• Remedy for harassment from wife

My has filled a maintenance case u/s 125 crpc and the case is in initial stage. She knows very well there are no valid grounds for her to claim maintenance, as per the definition of law. 

In the meantime she started a NEW thing: she is sending me abusive messages in chat quoting many of my family friends names, especially females and trying to say i have been cheating on her with those females. She knows there has been nothing of that sort as I live in an apartment and we all know each other.

Her abusive msgs and allegations in chat has crossed limits. She also sent similar msgs to my family and elderly parents. 

Can i file any case of mental harassment against her based on her those baseless msgs?
Asked 10 months ago in Family Law
Religion: Hindu

3 answers received in 30 minutes.

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12 Answers

  1. You must petition the family court for remedy of divorce on the grounds of mental cruelty and agony, as your wife is falsely implicating you for cheating. 
  2. Who is defending you before the magistrate, in s125 crpc case? 
  3. I'm willing to be your counsel (advocate)  in both the matters indicated. However, I need an exhaustive consultation session with you first. So you must visit me.  
  4.  

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1407 Answers
5 Consultations

4.4 on 5.0

File for divorce on grounds of mental cruelty 

 

2) wife sending abusive   messages amounts to mental cruelty 

 

3) wife accusing husband of having extra marital affair amounts to mental cruelty 

Ajay Sethi
Advocate, Mumbai
83145 Answers
5332 Consultations

5.0 on 5.0

If she has sent derogatory messages to your relatives then its a case of defamation. 

So on these facts you can file both civil and criminal case of defamation. 

Add sections of criminal intimidation and abuses as well. 

Devajyoti Barman
Advocate, Kolkata
22509 Answers
356 Consultations

5.0 on 5.0

Definitely, you can file such complaint and use your chat messages or call recording as evidence and try to get more on your favor so when she do counter question you have that answer readymade

Sanjna Vaishnav
Advocate, Gandhinagar
57 Answers

Not rated

Her messages to others alleging promiscuity or sexual impropriety on your part sound defamatory. You should consider filing a criminal defamation complaint against her. It is a punishable offence.

While she may argue that they are true, she will have to prove that. Further, she will have to show that such statements are actually necessary for public good. Truth alone isn’t enough.

You can also file a civil suit against her to recover damages on account of her defamatory statements. The criminal complaint and civil suit can run in parallel. 

First things first, send her a legal notice to immediately cease such defamatory messages.

 

Hope that answers your query. Follow-up questions welcome.

 

 

 

Pulkit Chandna
Advocate, New Delhi
189 Answers
4 Consultations

4.9 on 5.0

You issue a legal notice to her mentioning her baseless allegations leveled against you through social media networks. 

You can instruct her to refrain from indulging in such illegal activities against you or else you would be constrained to initiate legal action against her through criminal law. 

Afterwards you can lodge a criminal complaint for nuisance through cyber law against her. 

T Kalaiselvan
Advocate, Vellore
73242 Answers
1145 Consultations

5.0 on 5.0

You can but it will not stand in court strongly. It's better you file contested divorce

Prashant Nayak
Advocate, Mumbai
23517 Answers
49 Consultations

4.4 on 5.0

Dear Sir/Madam,

You are suggested to file the case of divorce on the ground of cruelty and also of defamation. 

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

File a case u/s. 499 and 500 of IPC against her alleging that she is spreading ill words against you and defaming you and  all those girls whose name she is associating with that of yours. You can claim compensation from that court for disrepute brought to you and mental harassment that you suffered from even you can place claim of legal charges you suffer from. False innuendo and imputation is strongest ground for such suit for defamation. 

Pooja Ashar
Advocate, Ahmedabad
213 Answers
2 Consultations

5.0 on 5.0

- You can lodge a complaint before the police and higher official against her sending the abusive messages. 

- Further, your mother being a woman can file a complaint under the provision of Domestic violence Act against her harassment before the magistrate. 

Mohammed Shahzad
Advocate, Delhi
7390 Answers
78 Consultations

5.0 on 5.0

File a police complaint against her. FIR under IT act will be registered against her.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

 you may file a petition for divorce in family court. It is one kind of cruelty. Family Court will grant a decree of divorce to you if you rightly project your case. 

Mohammed Mujeeb
Advocate, Hyderabad
19006 Answers
25 Consultations

4.5 on 5.0

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