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Q. Mental Harassment

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Anonymous

posted 2 months ago

question iconMental Harassment

My husband traumatises me every night calling me at odd hours and sends messages threatening me. We live separately due to covid restrictions.

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Anik

Anik

Responded 2 months ago

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A.Dear Client,
You have the right to file a police report against your husband at the local police station under section 498A of the Indian Penal Code, 1860, as amended up to date, for the mental torture and cruelty he has perpetrated against you. On a proof, he will be sentenced to a maximum of three years in prison and a fine.
Thank you!

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

Responded 2 months ago

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A.You are entitled to lodge FIR against your husband in the local police station u/s 498A of IPC,1860, as amended up to date for the mental torture and cruelty exercised upon you by your husband. On proof he shall be punished with imprisonment which may extend to three years and with fine.

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Read Related Answers

question iconDo mental torture instances mentioned in divorce petition automatically account for domestic violence or we have to file a separate case for domestic violence?
Dear Client if the family has already received the first notice or summon from the court then what was the need to send second notice. Anyways, if the case is already filed and notice is received then the court will pass the ex parte order. For domestic violence case you need to file case separately
question iconIf wife of husband died during proceeding of domestic violence what to do
Dear Client If the wife has died during the pendency of the domestics violence case then the case will be dismissed for the reason as complainant has expired. But only the civil part of it will be dismissed but suppose the protection officer had started a criminal case against the wife then that case will go on.
question iconRights of second wife.
Dear Client To suggest anything I would require further details like which personal law would apply to you. Provide complete details for any kind of assistance. Thank you
question iconHusband & In-laws being unjust
If you do not wish to stay with your husband you may ask him to divorce you by mutual consent and if he doesn't agree than you have option to file a contested divorce but please note that will invite the further legal battle of custody of your child which will not be healthy for your child at such a tender age. Another option you have is to file a maintenance petition against your husband under section 125 of the Criminal Procedure Code,1973 and claim maintenance for yourself and your child. Thank you. If you have found the answer helpful than please provide review and give ***** as appreciation.
question iconDomestic violence and mental torture
Dear Client In this kind of familial issues it is very difficult to sort them out purely on the basis of law but can be resolved if mutually discussed. If they do not stop and continue to carry on the nuisance behaviour then lodge a complaint with the local police.
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