Can a third person file a police complaint?
My cousin sister and her family are facing problems from her husband. My cousin does not want to go for divorce and her parents are tolerating all the harassment due to fear. Her husband is threatening to take away their only child who is 5 years old if they did not comply with his wishes. My cousin is working, uncle (recently had a stroke and still unfit for bypass surgery) a retired pensioner, cousin's husband is not working (never worked; has always been dependent on my cousin's family since marriage).
Can I file a police complaint against him so that he will stop harassing them? This is just to ensure the safety of my cousin, her kid and her parents and to prevent him from ever thinking of causing any harm to them in the future? This is only to give him a warning, not to get him arrested as none of my cousin's family will agree to his arrest. My cousin is unwilling to separate from him or file a case against him.
In case any harm occurs due to him to my cousin or her kid or her old parents, I don't want him to go unpunished.
Asked 3 years ago in Family Law from Hyderabad, Andhra Pradesh
Complaint will not be lodged unless your cousin sister countenances the allegations leveled by you in the complaint. Police will inevitably ask your cousin sister whether she supports the allegations made against her husband. If she says no, the complaint will be closed immediately. Your cousin sister has to muster the courage to come out of the closet and initiate the legal process by filing a complaint against her husband. No legal action can be taken against your cousin sister's husband unless she supports the allegations of harassment by him. On the contrary, you may be sued for defamation by him if your cousin sister does not acquiesce the complaint.
Thanks so much for the quick response.
Asked 3 years ago
1)since your cousin is unwilling to file case against her husband or file for divorce the complaint filed by you would be a futile exercise .
2) as mentioned by MR Davesar police will call upon your cousin sister to record her statement . if your sister refuses to give a statement and blame her husband for the harassment she has faced the complaint would be closed .
3) your cousin sister may not appreciate your interference in her marriage as it would worsen her relations wit her husband .
4) let your cousin sister take the initiative of going to the police to lodge complaint
Thanks for your appreciation.
1. If you lodge the complaint, your cousin will be asked to verify the complaint ,
2. If she does not agree with the complaint lodged by you, it will be closed immediately,
3. If she agrees to lodge complaint u/s498A of IPC, her husband can be sent behind the bars,
4. She should be prepared to take bold remedial steps.
though you may file complain but without wish your cousin it will be useless
Advocate, Greater Noida
if she is agree to file the case against him then only you can file the same before police or court otherwise no.....
Advocate, New Delhi