Mental torture Mental torture

5 years ago

I have abused my husband's ex-girlfriend through WhatsApp SMS after finding out (through husband's email) she has a baby with my husband before our marriage. Can she file a case against me for mental torture and harassment or abuse? Can it land up in jail? And how many years?

Sourav

Responded 5 years ago

A.if you register FIR against your husband, then he will be jailed.
you have done everything on sudden provocation.
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Anonymous

Replied 5 years ago

I didn't get you... What if I'm doing in sudden provocation? I'm protecting my family by warning her not to enter init

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Sourav

Replied 5 years ago

Sudden provocation is your defense. You committed those act out of anger, heat of the moment, hence excusable.

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Anonymous

Replied 5 years ago

Thank u sir

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Anonymous

Replied 5 years ago

How do I prove in court that the baby is hers ND my husband's? She's saying that email and messages were joke.. But she's lying. Because when I saw my husband's phone it was full of hers n her baby's pics.. I have saved everything with me.. Will the court order for Dna testing? How long will it take to prove.?

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Sourav

Replied 5 years ago

You should file suit for declaration of paternity, praying expert opinion by dna testing.
Duration of the case depends on efficiency and experience of your advocate.

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Anonymous

Replied 5 years ago

What if it's proved wrong in DNA testing . Can they file case against me?

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Sourav

Replied 5 years ago

Yes. You'll be prosecuted under sec 191 of IPC, along with civil and criminal defamation case.

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Vidhi Samaadhaan Vidhi Samaadhaan

GANESH SHARMA

Responded 5 years ago

A.Nothing to worry..... I case of any prob free to contact us.
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Anonymous

Replied 5 years ago

Thank you sir

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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

View All Answers
A.Dear Madam,
Before she files, you just issue a legal notice with allegations against her and see that you are safe.
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Anonymous

Replied 5 years ago

Thank u sir. I have already filed a complaint against my husband including her name.. Specifically I have not made allegations on her but instead I have made on my husband that he has cheated me by having a baby before our marriage mentioned her name in the complaint.

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Vidhi Samaadhaan Vidhi Samaadhaan

ROHIT GUPTA

Responded 5 years ago

A.Currently there is a remote possibility of she filing case against you for mental torture. There was an earlier provision in Information Technology act which provided for criminal prosecution for sending of offensive messages and jail term of 3 years. But Supreme Court struck the same down in oct 2017 and hence the same is also not applicable to you.
But she can file for criminal intimidation under Indian Penal Code.
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Anonymous

Replied 5 years ago

With only three to four msg conversations.. Will she be able to prove that I have mentally tortured her..? Because she is already caught saying that she has a baby from my husband.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.you should take first preference and Firstly you want to file police complaint of bigamy and adultry against your husband. And then file complaint of criminal intimidation and insult, mental torture, threatoning against your husband's ex. Save all whatsapp messages and email for your evidence. Keep in mind you are legally wedded wife and you have full rights of protecting you and your family. Inform your husband illegal relationship to your in laws and relatives.
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Anonymous

Replied 5 years ago

I have already filed a complaint against my husband and mentioned the adultery issue.. I have the messages but in that I have abused her and she has requested me not to torture her with this issue.. She has not insulted me.. She has requested me not to tell her husband anything as he might kill her... I told her I don't care if u die.. So will she use this against me? If she proceeds with IPC against me with the messages she has .. Will I get jailed?

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Anonymous

Replied 5 years ago

And this has happened about 2 months back!

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Deepak Yashwantrao Bade

Replied 5 years ago

Don't worry. If she might be makes any allegation or file any case ,apply for anticipatory bail as early as possible. But I don't think so she would be take any action because of her society prestige,family burden, defamation. But you should be keep safe from doing any abuses also. It will make clash in your family too.

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Anonymous

Replied 5 years ago

Thank u so much sir

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