How to stop harassment from husband via threatening calls and sms
Rajesh
(Querist) 09 July 2014
This query is : Resolved
my friend is a married women and from last couple of years she is fighting DV case against her husband and in-laws. Finally after one year court has given protection order in favor of her and it was also mentioned that the husband or in-laws could not disturb her via any electronic media also. But after some time, she starts getting threating calls from her husband and father in law for dropping the case against them and give them a consent divorce. She is facing hard time due to these issues and she has already changed her phone number several times, but still of no use. She has filled a lot of complaints regarding the same to the nearest police station and police just provide her DD number, but never proceed to take some hard step against them. One of the probable reason is that the in-laws belong to Police departments and thus putting a pressure on the local police for not taking any action on such complaints. After facing such harassment continuously for one year, she has gone to police station with the locals and then in such pressure police has registered a case u/s 354.
Now, question is even after such FIR, the husband is still continuing the threatening calls and indecent sms and now when she complaint to police that it is still going on, the police is saying that they have registered a FIR and investigation is going on. Now they are not taking any further complaint on this issue and told her that there are legal issues which takes its own time.
In the protection order, it was mentioned that police could arrest the husband under DV act which is non-bailable , but since the accused belongs to police fraternity ,they are not willing to register such case against them.
Now, just recently when she pushes the investigation officer for some action, the IO is stating that she should submit her mobile to them, and this will be returned to her only after closing of case. But they are not doing any seizure of mobile of her husband who is still continuously harassing her on phone.
Could you guide to handle this issue, so that the husband could be stopped from harassing her and what are the options available to her to stop this mental torture to her.
Vikram Chandra
(Expert) 09 July 2014
Let her file a miscellaneous petition in DVC court & complain about the attitude of the police and the husband by approaching the lawyer.
ajay sethi
(Expert) 09 July 2014
if no action is taken by local police inspector lodge written complaint with Supdt of police copy to commissioner of police
Rajesh
(Querist) 09 July 2014
it means she could file n number of FIR every time her husband harass her by using electronic media or is there any limit to such FIR.
and how to handle the police request for the seizure of her phone.
Rajesh
(Querist) 09 July 2014
a reply is appreciated on the above mentioned query
T. Kalaiselvan, Advocate
(Expert) 09 July 2014
If on an fIR, the police are still ineffective to control or contain the continuing offence by her husband, she has liberty to move the District superintendent of police with another application to direct the police under him to initiate strict action on the complaint and in the event of this measure also becoming ineffective, she may approach the concerned judicial magistrate court with an application u/s 156(3) seeking the magistrate's intervention to direct the concerned police to initiate proper investigation and proceed with further necessary action as per law.
JURIS LEGAL SERVICES
(Expert) 10 July 2014
IN SUCH CASE BEST WAY AHEAD IS TO SIMPLY APPROACH COMMISSIONAIRE OF POLICE BY TAKING ALL PHOTOCOPIES OF COMPLAINTS FIR AND WORK THAT HAS BEEN INITIATED BY YOU TO STOP CALLS.
Rajesh
(Querist) 10 July 2014
thanks for the reply,
just one last point how to handle the police demand for the seizure of the mobile phone of the victim, whereas the police is not seizing the mobile of accused.
ajay sethi
(Expert) 11 July 2014
hand over your mobile phone if so demanded by police .
