Violation of protection order
My husband and his family was torturing me for money for the last 14 years and was preventing me from studies.Finally I got the courage to fight back (in 2007) after 7 yrs of our marriage and continued my studies.But many a times he and his family threatened to kill me. He has been forcing me for a divorce which I denied.I have ignored all these and finally 2 weeks before my PhD thesis submission, he forced me to take travel in a bike which met with an accident.
It leads to head injury and I had 18 stitches in my head.But even after that he was not ready to take care of me.He was abusing me even when I was bed ridden. He forced me sign the divorce paper and I rejected and he beaten me. I filed a police complaint. Later he agreed to take care of me and I have withdrawn the complaint.
Even after that he abused me at many intervals. Finally I have obtained a protection order from judicial first class magistrate court in October 2015.
However my husband violated the order many times.
He sent a letter to my university (where I am a PhD student) stating that continuous criminal behavior of my wife. He also stated
1.I am a criminal and my candidature has to be verified.
2.I have looted his money and left him
3. I have illicit relationship with other men
4. I filed false allegations in his department about him (through RTI I got the clarification that there is no case of inquiry against him)
5.I have tried to kill him ( where after the accident I had severe damage to my right hand)
He had sent the copies to 20 important officers in the university. Due to this I am asked to submit a detailed explanation to the university.I need advice in the following matters.
1. What I can do in this situation. ( violation of protection order, defaming me , threatening me and preventing me from continuing my studies)
2. How can I prove the innocence to my institution.
My husband is a Govt employee. So far I didnt complained to his office but he send the letter with his official seal and signature.
I have copies of
cases registered at police stations,
report from the district protection officer
I have copies of his statements at various police stations and with the district protection officer
Audio and video clips recorded according to the ad
I have the copies of his threatening mails. messages and the copy he submitted to the university
After sending letter to university and defaming me he now ask for a settlement which I denied realizing that it is a pressure tactics.
His demand are
1.Divorce without any claim.
2.All the property to be transferred to him
3. Withdrawal of all complaints against him
Knowing his abusing and aggressive nature only I have obtained protection order.
I have informed my parents many a times that he prefer a divorce, they were trying to make us live together, this has lead to severe damages to me (physically, emotionally and financially)
Even after the divorce he wont be silent if the divorce terms are not according to his interest.
Kindly advice me in this regard
Asked 10 months ago in Criminal Law from Chennai, Tamil Nadu
1) you can file criminal complaint of defamation against yiur husband for maligning your reputation
2) yiu can also file complaint under section 498A against your husband for continuous acts of cruelty
3) if yiur husband has violated protection order passed by magistrate then he can be punished under provisions of section 31 of DV act for imprisonment upto one year
first you file a case for defamation and claim heavy amount as damages. his false allegations constitute solid ground for filing defamation case under section 500 ipc.
you should immediately file an application before the same JM court for breach of protection order.
false allegation regarding illicit relationship with other men constitutes a ground of divorce.
all audio and video recordings are relevant evidence and it is admissible under section 65 A of evidence act. when arrest warrant will be issued from the court in defamation case he will be suspended immediately.
1. Violation of protection order is punishable with imprisonment on your mere statement. So take out the required proceedings before the court,
2. You are free to launch his criminal prosecution for defamation apart from seeking damages for the defamation committed by him.
3. UNless there is a court order holding you guilty of the offences that he has alleged there is a presumption of innocence in your favour. Your employer cannot proceed against you on the basis of such wild and unsubstantiated allegations.
If my guess is right you both are living separately for years and there is no marital relationship between you both, therefore there may not be any use to adamantly continue this married life with him when he is not interested to live with you anymore.
The tortures what he has given you has to be addressed accordingly hence you do not withdraw any criminal complaint against him, instead you can file new cases on the same grounds if he is continuing to torture you.
Since he has sent many letters to your university,you can send a legal notice to him about his criminal activities with a copy endorsed to his employer to have a control over him.
Make a complaint with the protection officer about his criminal activities against you despite being granted with protection order.
Do not transfer the properties on your name to him at any cost and do not agree to any of his conditions if he is seeking a mutual consent divorce including withdrawing the criminal cases against him.