• Harassment of relatives by husband after filing divorce case

My relative has filed for divorce from her husband while he has filed for ROC against her. The case is being heard in the court and he is harassing her relatives by calling and abusing them and going to their house and creating a scene outside wherever she goes. This is creating a nuisance to her relatives and causing them embarrassment before their neighbours. Is there a way she can file an interim request in the divorce case to ask the court to restrain him from harassing her or her relatives?
Asked 7 months ago in Family Law
Religion: Muslim

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9 Answers

Wife can obtain court orders restraining husband from contacting her or her relatives personally or on phone or by what’s messages or on face book 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

1.  Your relative can add this harassment issue as an interim request to the Court which in turn can restrain her husband from harassing her relatives.

2.   Also, your relative can complain against her husband for mentally harassing her and her relatives in the jurisdictional Women Police Station.

Shashidhar S. Sastry
Advocate, Bangalore
5164 Answers
314 Consultations

5.0 on 5.0

The affected persons can initiate legal action directly against him for his such unruly and arrogant behaviour.

They can lodge a complaint with police for disturbing and creating nuisance to them.

She also can give a complaint against his atrocities with local police.

The court conducting divorce case cannot pass any orders on this.

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

Under domestic violence act, you can obtain restrain orders and also by filing police complaint. 

Yogendra Singh Rajawat
Advocate, Jaipur
22671 Answers
31 Consultations

4.4 on 5.0

You can file individual separate complaints if such harassments are done 

Prashant Nayak
Advocate, Mumbai
32093 Answers
183 Consultations

4.1 on 5.0

 contact me on  [deleted]

Vipul Khandelwal
Advocate, Jaipur
2 Answers

Not rated

- Legally , the said court having no jurisdiction of passing restraining order 

- Hence, if they are making trouble for her , then she should file a complaint before the police and higher officials 

- Further, she can also file a complaint under the provision of DV Act for the said harassment against them. 

Mohammed Shahzad
Advocate, Delhi
13377 Answers
199 Consultations

5.0 on 5.0

Dear Client,

 

If the harassment gets excessive, you might have to talk to a divorce attorney about filing a civil injunction. A civil injunction could prevent your former spouse from harassing you, badmouthing you or showing up at your house without warning. However, a civil injunction is more of a warning than a threat–your former spouse probably won’t be arrested if they break the terms of the injunction. 

Thank You

Ayantika Mondal
Advocate, Bangalore
27 Answers
9 Consultations

4.0 on 5.0

Dear client I am sorry to hear that but in this case she can go ahead and file for getting a restraining order. 

A restraining order, also called a protective order – is a court-issued legal document that prohibits an abuser from harassing, stalking, assaulting, and/or attacking you or any other person named in the petition. Moreover her relative can also file nuisance petition before the court against him

 

 

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

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