Restraining order for my ex wife
Dear Sir, I have been divorced since Feb 2016 on mutual consent. I want to cut off all relations with my ex wife and her daughter. They gave me enough trouble during my divorce case for nearly 12 yrs due to their sadistic attitude. Now she comes to my house and calls me from different mobile numbers to threaten me and verbally abuse me. I am scared if I do the same I would be implicated. So can I have some kind of legal order served to keep her away from me for good.
Asked 2 years ago in Family Law from Bengaluru, Karnataka
Now that post divorce decree ,the husband and wife relationship between you and your ex-wife is severed. You may file complaint against her for house trespass under Sec.448 of IPC and also for criminal intimidation. You may also lodge a police complaint giving Unknown mobile numbers from which you are receiving intimidation so for investigation and taking police action on it.
Go to the nearest police station to file a complaint for criminal intimidation against her. If she does not mend her ways even after the criminal complaint then you may file a suit for injunction against her/
Is there a something called a restraining order in legal terms like in US? Can I go through court to send her the restraining order instead of going to the police.
Asked 2 years ago
On the civil side you may very much file Suit for injunction on the basis of call records and evidences on house trespass,restraining your ex in addition to her criminal liability through FIR.
1) record all threats
2) file police complaint of criminal intimidation under section 506 of IPC against her
3) you can move court and seek injunction restraining her from calling you and entering your house
4) rely upon police complaint field by you
as advised earlier first file police complaint . under section 506 of IPC
enclose copy of police complaint in suit filed by you for injunction restraining your wife from calling you
Injunction is akin to a restraining order. You are free to directly move the court instead of going to police.
Yes you can protect and safe guard yourself from your ex. You can first and foremost lodge a written complaint with the jurisdictional police stating that despite the mutual consent divorce, your ex comes to your house and threatens you.
After lodging this complaint, you can file a bare injunction suit against your ex, seeking an exparte restraining order against your ex, from coming anywhere within 100 mtrs of your house.
You can contact a local advocate who can expedite this process and you can obtain this restraining order at the earliest.
Now she comes to my house and calls me from different mobile numbers to threaten me and verbally abuse me. I am scared if I do the same I would be implicated. So can I have some kind of legal order served to keep her away from me for good.
If your wife indulges in such habits of torturing you even after divorce, you may issue a legal notice to her instructing her to refrain from such undesirable activities with immediate forthwith, if she is still continuing to do so, you may lodge a complaint against her for creating mental tortures to you and also posing threats by her such habits.
This will certainly make some impact or you can register a complaint for creating nuisance against her