bail498 (Junior Advocate) 03 March 2012

After crpc 125, dv & 498a wife sending threating sms

Dear Experts,

My wife had applied under Crpc 125(against me),DV,498a (against me & my parents).We are living seperately since 6.0 years.During this six years time by time she is sending SMS to me and my parents from different numbers.Recently she had SMS me that "With in few days I will kill you,Look how much do you live?"Also,she is disturbing my parents by making missed calls from different no.What action should be taken by us against her?

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19 Replies

M.Sheik Mohammed Ali (advocate) 03 March 2012

very simple make police complaint, and cyber crime complaint also. with sms.

bail498 (Junior Advocate) 03 March 2012

Dear Ali,

Under which IPC can I make complaint?

sridhar pasumarthy (ADVOCATE) 03 March 2012

section 506 IPC

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 03 March 2012

Dear Querist

You can file a criminal complaint against her before the court u/s 506 before the court because this is not a cognizable offence, the police can not do any thing in this matter, you can file a complaint against her before the conceren court in which the cases are pendings.

feel free to call

Ranee....... (NA) 03 March 2012

Keep those sms saved in the phone.It may be useful for you at the time of evidence in the pending cases to show her cruelty/mentasl agony she has given to you.

bail498 (Junior Advocate) 03 March 2012

But,i want to know that Dv case is running as she had applied under sec.18,19,20,21,22.No one order is passed yet ,since the case is running 1.0 year.If,i will SMS her she will directly make police complint.

But,what should i do to teach a lesson to her?please suggest me any legal/Illegal tactics...

Sushant Singh (Private Service) 03 March 2012

My friend,

This just highlights her desperation inspite of having filed so many cases against you. You can take small steps to counter this, but would be better to fight cases on their merit, but "put up a fight" and add to her misery.

1. Either lodge police complaint regarding anoymous calls, complaint to cyber cell etc. or change your landline / disconnecet landline number.

2. Or harrass her by calling the other party from different numbers and jaise ko taisa, but this may backfire considering the gravity of the cases she has filed against you.

But, the best thing to do is "IGNORE" and enjoy the fun. Ask parents not to pick unwanted calls, and disconnect the phone etc. Dont worry about threats from runaway brides, its because we have nazi laws in our country like 498A and DV.

When she realises your resolve to fight, I guess she wont send you any more messages but approach you for resolving cases mutually !!

Shantanu Wavhal (Worker) 03 March 2012

Keep collecting such SMS s. Use them wisely against her after u get sufficient threats.

Shantanu Wavhal (Worker) 03 March 2012

@ Sushant Singh

harrass her by calling the other party from different numbers and jaise ko taisa

Bonafide intentions should be maintained.

Ranee....... (NA) 03 March 2012

For miscall you cant do anything legally.So better you ignore them.For sms that you have given as the example, you can lodge a police complaint.

KNK A Learner (Learning to share) 06 March 2012

Hi friend

use any Nokia recent Phones range starts from Rs 3500/- Only, take back up of all the sms messages, you can google for specific software to convert the SMS Back up to MS Word file, Take a copy of it and take also the call and SMS list of incoming and Out going for your number.

File a complaint with Police with these threatening SMS in your jurisdiction. Police wont listen, then go to court and file private complaint get it registered as FIR, then enjoy the beauty of Case

for any help in getting SMS Back ups, Feel free to ping me

Thanks

Prashant Rana (Advocate) 07 March 2012

@ Bail498

1. As far as sending threatning & valgur SMS is concerned, you can file the complaint with the police or Cyber cell under sec 292, 506 IPC and sec 66 of IT Act.... but the third party numbers are not on her name their fore it is hard to prove them.

2. Don't worry about DV act & 498-A cases and let your Advocate to deal with them. These are pro-women Law and no body can help you more.

3. Keep the record of the SMS in your phone as it will help you in DV case as well as 498-A case.

4. Use any good quality phone with "call & Sms Bar" function & put every number she calls in the bar list, which prevent her to distrub you from the same number again.... If possible change your numbers.