• Scolding

My neighbor always washes car, cleans the sump and leave all dirty water to the road. Since my house compound road is little low all water come and collects there. Due to this we get more Mosquitos in our bedroom. 
One day when my neighbor was cleaning the sump I interrupted and asked them not leave the water to road instead make a hole in front of their house and leave it to the drainage. Still he did not listen and left water in front of me saying that it is a corporation road and to give a complaint. Angrily I scolded him in Kannada as "Naayinanmagane" meaning dogs son. Then he scolded me in singular tense in Kannada as "hogele". Then I scolded him as beaversi and went off. I was vey angry at that time.
My question is: Is there any law to punish me for scolding him angrily. BTW the person is my neighbor son who is around 35 age and myself 42.
The reason behind y I scolded him was we had fight from past 10 yrs about the usage of a common passage between our properties. Every time we use to keep quiet since we were scared. All these yrs an grimness made me to scold. 
We are also filing a court case regarding the passage issue. 
Pls give me advice what can be done from my side to clean this up. Suppose if they give a police complaint what should I do? I am a lady and my husband was present but still he did not supported me backs he is very scared of fights. 
Pls give me a complete advice on this.
Asked 10 years ago in Civil Law

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10 Answers

'Hogele', which he called you, in Kannada means 'get lost'. When judged in the backdrop of the meaning which both the terms i.e ''Naayinanmagane'' and ''Hogele'' carry in the ordinary parlance, it is clear that the expression used by you is offensive. As a corollary thereto, he can prosecute you for defamation. If he files a complaint you will have to contest the case on merits. So the answer to your question ''Is there any law to punish me for scolding him angrily.'' is Yes. You did not scold him, you abused him.

As regards the filth he creates on the road you may apply to court for injunction.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. You have abused him for which you can be prosecuted by him,

2. However, it will be difficult for him to prove your offence,

3. For his washing of car, you can lodge a police complaint for causing nuisance and harassing you.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1) i dont think the dispute will land in court . your neighbour will not waste his time in running around courts and spend money on legal fees for simple spat .

2) go to your neighbour with a box of sweets and apologise for your behaviour .

3) request him to take precautions while washing the car .

4) if your neighbour lodges police complaint deny that you used any abusive language .

Ajay Sethi
Advocate, Mumbai
94658 Answers
7524 Consultations

5.0 on 5.0

you can request him to take precautions while washing the car as the puddle created by washing car creates a puddle in the road and is a breeding ground for mosquitoes . you can lodge police complaint if you so desire

Ajay Sethi
Advocate, Mumbai
94658 Answers
7524 Consultations

5.0 on 5.0

Thank you for your appreciation.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) next time record your conversation with your neighbour when you have a public spat .

2) install CCTV cameras on your porch so that when he washes the car and creates puddles of water you can use it as evidence in case of disputes .

3) it is better to amicably resolve the issue by apologising for your behaviour . if you are humble in your approach it will not further strain your relations with your neighbour

Ajay Sethi
Advocate, Mumbai
94658 Answers
7524 Consultations

5.0 on 5.0

you can raise this issue to show that your neighbour is habitual trouble maker . however police may ignore it as it is not relevant to present proceedings .

Ajay Sethi
Advocate, Mumbai
94658 Answers
7524 Consultations

5.0 on 5.0

1. You can certainly raise the said issue,

2. Start collecting evidence & witness in support of it.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

thanks for your appreciation . do install cameras as advised to avoid further problems in future

Ajay Sethi
Advocate, Mumbai
94658 Answers
7524 Consultations

5.0 on 5.0

1. You cannot raise the issue of your neighbour abusing your tenants. If your tenant is abused then he shall have to bring legal action against the neighbour. A person who is being abused by another, suffers a personal injury in his right. As such, he alone has the right to proceed against the abuser in accordance with the law of land.

2. The efficacious remedy for you is to apply to court for restraining him from making the road dirty.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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