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K Swathi (Studing)     10 July 2012

Urgent.can i file a police complain?

My husband is calling me on my mobile for mutual divorce can I file a complain in police regarding this?He already filed a divorce petition 2 months back. What is the relation he has with  me to call when he filed for divorce case?

Is this not considered as domestic violence on phone?



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 19 Replies

K Swathi (Studing)     10 July 2012

Please give urgent reply I am getting to much distrub because of these calls he and his all family call me and just ask for my one time demand of money.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     10 July 2012

Your relationship is continues till you get divorce decree from the court. Till the time of court decree both of you having relationship as husband and wife. By simply  submitting divorce petition, your relationship will not stop. 

rahul kumar (associate)     10 July 2012

Hello swati, 

i would suggest you 2 move an application in the court in which the divorce petiton is pending regarding the phone calls of your husband..yes it is a domestic violence..because domestic violence includes not only physical but also mental torture

Tajobsindia (Senior Partner )     11 July 2012

@ Lady,


1.
It is not domestic violence "verbal abuse" if you may factually say so as per The Act, 2005. I suppose both parties are not living under the same roof. The day you were made to leave shared household and date of institution of divorce and subsequent thereto there is no 'domestic relationship" - right and it only when divorce proceedings progressed to some current stage he / his side may have called you with above queried wordings - right so where is question of Domestic Violence and or Police Complaint comeing into picture? Can you justify as per your limited understanding please !


2. hence I agree to Sh. Rama Chary wisdom and it is all about civil litigation case progress scenarios which parties fish from each other via directly and or via their men/agent it is as simple as that.

3. The moment you contemplate to file police complaint you have to include some other wordings (masala some call it) to make it FIR proof than what you mentioned above as in husband - wife relationship till a decree is in hand or even suit dismissal both have a right to ask each other 'if you interested to end all these by mutual consent divorce way".  Same could be even said to you 'verbally' in re-conciliation proceedings even repeatedly by a counselor so will you think / ask to file a police complaint against a iritating question repeatedly asked by a court appointed counselor too? .

4. If he / jis men and or agent are verbally abusing you or giving verbal threat or name calling you or demeaning you all over phone repeatedly then yes there is a possible case that also under injunction / restraining order under civil laws here.

5. However if you are not satisfied by the replies then file DV Act, 2005 Complaint with Protection Order “for no contact whatsoever with respondent(s) and also seek 200 meter restrainment protection Order” citing official phone call records may be availed for instead of a sleepy police complaint as better remedy option if your side's advocate thinks he can manage that!


But remember here unde rpara 5 if suppose X years from now the situation warrants that both of you are required ot sit across a table for some mutual consent discussions then your side has to first 'set aside' the protection order and BTW there is no specific provision enabling to “set aside” an Protection Order in the Act, 2005. But the remedy surely lies in Criminal Procedure Code. Proviso to S. 126 (2) says the remedy. However it is not to be applied alone. So lesser the case the managment of situations are better. Instead report to DND services of service provider atleast there you may get maximum Rs. 2K as reward for repeted violation as per TRAI Rules / Guidelines made mandatory upon Mobile Phone Service Providers:-)


(Guest)

Depends upon what do you want? Do you still want to live with him or teach him a lesson?

Ranee....... (NA)     11 July 2012

if you dont wanna continue with him then why not proceed with mutual consent divorce?If he has filed for divorce then I dont think your relation will be normal again even if he don't get divorce granted by court.

rajiv_lodha (zz)     11 July 2012

This is mere over reaction. Tell them that u do not want MCD or money if u feel so. Even if he calls n u feel disturbed, CHANGE UR SIM DEAR. Simple solutions are nearer than u think.
1 Like

(Guest)
Go for mutual divorce and relax, the woman like u should not marry if cnt live together, dnt spoil his life. Stupid

Ranee....... (NA)     11 July 2012

yes change sim, 

or dont reciev their call

disconnect call once u recognise their voice

police is not the solution..but beginning of new problem...

K Swathi (Studing)     11 July 2012

I  went to ps today and they called my Father in law and told him if he call me next time they will arrest him. Now they will not dare to call me .

rajiv_lodha (zz)     12 July 2012

Seems u are quite happy now

K Swathi (Studing)     12 July 2012

Today again they called on my brother's number via some political rulling party person and asked for one time settlement.

That political person is close friend of my father in law. What should we do?

Should all  of my family member and relatives change the mobile number? Stupid people do not have patience.

K Swathi (Studing)     12 July 2012

Please help me.


(Guest)

You should definitely file a complaint against that political party leader. Copy it to DCP/DGP/HomeMinistry/Chief Minister.

And then see their reaction.


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