Harassment by wife through SMS
My wife has file 498a in 2007, go acquittal in 2011 Aug. In 2013 she went to a tv channel and said i have made her undergo abortion due to girl in scanning, but didnot mention when and where. I have filed divorce on the grounds of defamation and cruelty. which is pending. After this she has filed condoning delay which is running now. Judge called both of us and gave a conscelling, but i didnot accept to take her back. And also judge said my wife to not to call or text me. Still she is calling me in late nights and sending texts which are more disturibing.
for example. like i have cheated her, do what ever u like i wont leave you. you are cheated, useless what is the use of your life. and many more such type of textes. I have changed my mobile number 5 times to stay away with her,
Please suggest can file any counter cases possible to file.
Asked 4 years ago in Criminal Law from Hyderabad, Andhra Pradesh
kindly let me know under which section a case can be filed and what is injuction order related to
Asked 4 years ago
File a complaint with police for harassing by sms and calls etc.and also move an application in the same court where divorce case is pending seeking restrin orders against her or can file separate suit for injunction .
Advocate, New Delhi
You can file a petition in the family for harassing you by sending SMS and phone calls. Produce the details of SMS and cLl history from the phone provider you use.You can adduce the text messages and call histories in your divorce case and file a police complaint for harassment and threatening and ask them to refer to cyber cell and get its extract.talk to me via consultation will explain you in detail.
---You can file nuisance (Private Nuisance) case on her sec. 268 of IPC against your wife. Convince the police to register FIR basing on your messages. If he does not register FIR, meet ACP/Addl SP. Or atleast ensure that it may be entered in the GD of the Police station. This will be helpful to you in your divorce case, as you have already taken the ground of cruelty and you may get divorce easily.
You should file a police complaint for whatever sorts of harassment The sms can be produced in the court during evidence .Since the court has refrained her from contacting you via sms and untimely calls she should have stopped it . It is advisable that you file an application before the same judge about harassment over the phone an also you can seek a definite refraining order .
Citing the Directive of the Judge complain to the local police.Please ensure that you preserve the copies of the messages.As you have filed divorce on the grounds of defamation and cruelty whatever she is doing currently would prove counter productive and ruin her case as you can use these as supporting evidence for the cause of your case.Do not react provocatively to her calls and messages
dear client, it will better if you approach same asking definite refraining order. it will act as additional evidence to your case of divorce
Advocate, Greater Noida
The conduct of the wife in sending the kind of messages you have mentioned is not a cognizable offense and therefore Police will not take any action on your complaint. You can seek injunction order from civil court restraining your wife to do what she is doing as it infringes your right. But such evidence may come handy in your divorce case, so preserve it.
Advocate, New Delhi
Since the court has passed an order asking her to not to call or sms you she should have complied that order. However, if the said directive was issued verbally by the judge during counselling then it lacks enforceability.The remedy in your hands is to seek an absolute injunction order from the court to restrain her from initiating any sort of communication with you. If she violates this order she can be jailed.
Furthermore, the messages which she has sent to you can be maneuvered by you in your favour in divorce proceedings.
if the court passed an order regarding no to called or text the massage then you can file contempt of court before High court of your area. you can file a injunction suit before civil court to get restraining order from court and you can claim damages under specific relief act.
Advocate, New Delhi