Hi,
Please consider the following scenario:
X is the wife of Y. They both are from Rajasthan but after the marriage (in January, 2013), they were living in New Delhi together for some weeks.
X leaves her matrimonial home after a few days of the marriage as she has some other unclear intentions.
Y files an RCR (Section 9) in June, 2013 and the present status of the case is: Ex-Parted. X never appears in hearings. After the Ex-Parted decision of the family court, the next hearing is in March, 2015.
X files a case of 498a in February, 2014. Y gets a bail from the involved high court after suffering for 12 days in jail.
While in the JC, Y (because of being unaware of any negative consequences of) hands over a letter to another person who happens to be a friend of X's grand-uncle. Y requests the grand-uncle (in-law) to settle the matter amicably and requests him to be aware of how things are going on.
X and her parents learn about this incident and file an FIR at the Police Station and gets favour from the SP to expedite the matter.
It's been over 4 months. The PS has not contacted Y yet. But Y's advocate is aware of it because of his contacts in the PS. However, the PS has already got Y sign a bond in front of the SDM asserting that Y would not contact his wife by any means. So, Y is bound not to contact his wife for 6 months.
Y shifts his residence and changes his mobile number and limits the new mobile number to his parents only. This new mobile number is registered on his company name and is a Post-Paid connection.
Last week (in December, 2014) X calls Y on his new mobile number and without knowing who it could be, Y answers the call.
X in order to play tricks on her husband Y, calls him (from her own mobile number) and says: "Whatever I did, I did it under the pressure of my parents and am sorry for that. Are you not coming to pick me up and take me with you to New Delhi? I will commit suicide and you will suffer, if you don't do what I say."
It is notable here that the Post-Paid connection bill does not contain Incoming Calls unless the number was in Roaming. However, the mobile number X used was her own.
Realizing that X has done similar drama in the past and got him jailed, so Y has emailed the SP in his home-town stating that X is giving him threats of suicide and of dire consequences. Y has also placed a complaint at his area PS in New Delhi and has got the DD Number. However, the PS has not filed an FIR yet. The PS constructs an entirely different version of the matter and says that Y is pre-planning to force X commit suicide and so he is intimating the PS in advance. So, the PS is not taking the matter seriously. Y has received such calls (from PCO) from X in the past too and informed the concerned PS there and then but no action was taken by the Police.
Y is visiting the area PS in (New Delhi) today in order to get an FIR lodged but is aware of the corruption which will be in his way there.
Questions:
[1] How comes it that the husband is forced to be bound as not to contact the wife by any means but the wife is set free to disturb him at her will?
[2] The husband shifts his residence and changes his mobile number too, still the wife finds out the new mobile number and disturbs the peace of the husband by threatening him of suicide and dire consequences. Isn't there any law that can act against this act of her?
[3] Since the last week the wife has been approaching the husband and his family members wherever she sees them. She saw her husband's sister in the market and approached her saying: "I had your brother put behind the bars. You people also be prepared for dire consequences as you did not meet my demands." Y's sister did not utter a single word and left the place immediately out of fear and threats posed by X. It seems X is up to provoking her husband and in-laws as she has not been successful in extortion so far. Isn't there any law that can help Y and his family in such situations?
[4] How serious is the incident that took place in the JC? (Y handed over the letter to a friend of X but did not sign it. No abusive or threatening was there in the letter. It was only an humble request to elders of X.) Is there anything that the PS can do against Y in this matter?
[5] What can Y do today when he visits the SHO of the PS (in New Delhi)? How can he get an FIR lodged? Which one is relevant here: 506 or 384? Or both? Or anything else?
Please note that Y never received any dowry nor did he demand any. Still, whatever gifts were given by the wife's parents, the husband returned them to her while dealing with the heinous incident of 498a.
Thanks!
