complaint regarding 326a
Sagar Sharma
(Querist) 12 January 2015
This query is : Resolved
My grandmother threw acid on my mother in 2001, she also has marks and sign on her back. Now again she harassing my mother mentally. Can we lodge f.i.r now for that attack u/s 326a? Is there any time limit to complaint? Statement of mother and marks is sufficient evidence or not?
ROHIT SHARMA
(Expert) 13 January 2015
Dear Mr. Sagar Sharma,
1. Though the incident of the acid throwing has occurred long time back and now it is time barred to file a police complaint but your mother can file a complaint u/s 5 or 12 of the Protection of Women from Domestic Violence Act, 2005 against your grandmother based upon the facts of the ongoing harassment of mental cruelty. You will need to engage a local advocate for such purpose.
2. If you need to be briefed about the procedural laws under this D.V. Act, before approaching to make a complaint you can seek private legal consultation from me and for that you can get my contact details by clicking my name shown in the L.H.S. margin of this reply format.
3. Normal moderate remuneration will be expected to be paid. You can confirm this by posting e-mail to me.
Guest
(Expert) 13 January 2015
Well Advised by Expert Mr.Rohit Sharma Your Self Could Contact him as Advised .
ajay sethi
(Expert) 13 January 2015
complaint is barred by limitation . file DV case for harassment and seek protection order from court
Sailesh Kumar Shah
(Expert) 13 January 2015
There is no limitation in the criminal offence, however police can raised question about sleep over 13 years.
It is also be noted that Section 326a was inserted in ipc by amendment in 2013 and act is performed on 2001, which is not crime under this section. So, no action can be taken.
malipeddi jaggarao
(Expert) 13 January 2015
I agree with the advice of Mr.Ajay Sethi.
No benefit to harp upon a matter of 13 years old. What is the stand your father? Is he not taking of his wife? How do you come to the conclusion that your mother is being harrassed mentally? What is your age? What is the opinion of your mother?
In family matters, rushing to the court should be the last resort if all the remedies are exhausted. hence come with the details as asked for in the above paragraph.
Rajendra K Goyal
(Expert) 13 January 2015
No use of filing previous complaint now. Can file DV complaint for harassment at this stage.
Sagar Sharma
(Querist) 13 January 2015
Thanks to all for useful reply .
actually she is a greedy lady of property. She took her share and gave us some share in ancestral property. Before that she done so much harassing on my mother even she killed my elder brother with help of her daughters. Now my father died. Now she demanding share. Previously we didnt act as we throught about family repu as its family issue but now limits are crossed so we want to report all such evil acts to punish her.
Kindly help with your useful suggestions.
T. Kalaiselvan, Advocate
(Expert) 17 January 2015
In he given situation, the best remedy will lie before you by invoking the provisions of DV Act, consult a local lawyer and proceed.
