Abusing language
sham sundhar
(Querist) 15 November 2013
This query is : Resolved
My daughter mother-in-law is using abusing language so, how to case against her and how to prove such incidents because those incidents takes place within their house premises and even when she speaks on phone also she shouts and loses her temper shows her rude behavior
Advocate M.Bhadra
(Expert) 15 November 2013
Lodge a complaint to the Police and file a case under Domestic violence Act.
Section 12 in The Protection Of Women From Domestic Violence Act, 2005
12. Application to Magistrate.-
(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act: Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.
(2) The relief sought for under sub- section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent: Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908 ), or any other law for the time being in force, be executable for the balance amount, if any, left after such set off.
(3) Every application under sub- section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto.
(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court.
(5) The Magistrate shall endeavor to dispose of every application made under sub- section (1) within a period of sixty days from the date of its first hearing.
The Bombay high court, while dismissing an appeal, emphasised that a woman can press harassment charges against female members of a family under the Domestic Violence Act.
Justice Roshan Dalvi was hearing an appeal filed by a man, challenging a lower court order which allowed the cruelty complaint filed by his wife against him and his family members.
Dismissing his appeal, Justice Dalvi said, “The Domestic Violence Act is required to be interpreted to enhance justice to women and not to frustrate it.”
He added, “The provision does not specify a male relative. Hence, female relatives cannot be exempted from it.”
The wife had approached the judicial magistrate in Kalyan, seeking relief under sections of the Protection of Women from Domestic Violence Act, 2005, against her husband and his family. The magistrate had issued process against the husband and his family members on October 21, 2010. The same was upheld by the sessions court in Kalyan on August 8, 2011.
Sudhir Kumar, Advocate
(Expert) 15 November 2013
while agreeing with Mr Bhadra I will add that abusive language can be proved only by oral evidence of the person who was abused and in case any other person was present.
By the way why she is being abused?
any dowry expectation?
V R SHROFF
(Expert) 15 November 2013
Keep recording ON;
can use video of Mobile ON, in corner to record it,
call ur friend during such recording to prove [witness] of her abusive language and cruelty of MIL
receiving phone call, record on other side of her talk is also helpful.
MIL will not be able to deny, on audio records, what she said.
File DV thereafter/ 498A
sham sundhar
(Querist) 15 November 2013
Thank you so much and your suggestions are really so valuable for people like us who don’t have legal knowledge
sham sundhar
(Querist) 15 November 2013
She is actually dissatisfied with the marriage but marriage took place with the interest of both the families but later when we visit her house on any occasion she started stating examples of neighbor sons marriage presents like cars, gifts and she started treating us with disrespect but
we are not sure if there is witness also for such incidents those people will stand by us and attend court to prove the incident
Sudhir Kumar, Advocate
(Expert) 16 November 2013
you said
"when we visit her house on any occasion she started stating examples of neighbor sons marriage presents like cars, gifts and she started treating us with disrespect"
what else do you think dowry demand is?
why you do not move under 498a IPC when such like laws are create with target persons like her.
whether these laws are meant to be used only against innocent persons or persons like her also to be booked who are actual guilty?
do you think that such like persons take "U" turn without hearing the language that the cops are used to hurl on the persons like her?
Sudhir Kumar, Advocate
(Expert) 16 November 2013
you may better browse this site and see the plight of those accused (rightly or wrongly) under 498a
