(Guest)

What provisions can be applied ?

I am writing this query on behalf of my uncle who is 75 years old. My wife filed DV complaint on him just to harass him and in reply he is attending court dates via lawyer however opposition are not even answering anything once we replied for summons. At the same time a suo motto matter was filed with Human Rights Commission by my uncle and NHRC took the matter into cognizance and they took action recording girls statement asking reason for harassing my uncle. In reply they couldn't give any concrete reason for harassing my uncle and they put down in written in DSP office that they will withdraw my uncle name since it was a mistake. I just received a copy of their reply via RTI and i believe there are sufficient grounds where this can be used against them to file a matter for harassing my uncle. Although court and NHRC operate differently and it has nothing to do with court but their reply in which my wife admitted that she made a mistake filing case against my uncle and she will withdraw the case against him is sufficient. I am confident enough that they can't reply much about it all they can do is drag court dates. Now we want to file a harassment case on behalf of my uncle and want to know what provision is applicable in this matter ? (Please i have had enough suggestion such as case is not made out or law is on girls side so nothing can't be done. I would appreciate if proper advise is furnished with applicable provisions that can be applied in this matter)

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6 Replies

Tajobsindia (Senior Partner ) 13 October 2014

@ Author,

1. RTI reply is admissible as evidence in Court matters.

2. Based on above first file a discharge application of discharge of your uncle from respondent list in DV Act case which is due to harassment and as adherently admitted in writing by Complainant herself before Public authorities.

3. Once he is discharges then file harassment Complaint case under S. 182/211 of the IPC in jurisdiction police station. One can also file separately case for civil wrongs a compensation case under civil defamation laws. If Police does not take complaint of harassment filed by him seriously then approach jurisdiction magistrate Court under S. 156 (3) CrPC.

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Adv k . mahesh (advocate) 13 October 2014

it is not clear that a old age person of 75 years is being harassed on dv act from your wife and you are seeking you need legally again want to harass him after withdrawing the dv case

(Guest)

Originally posted by : Adv k . mahesh
	it is not clear that a old age person of 75 years is being harassed on dv act from your wife and you are seeking you need legally again want to harass him after withdrawing the dv case

Sir your question is not clear. The issue is DV case is filed on me, my parents and my uncle (75 yrs old) and the query that i raised above is on behalf of my uncle.

T. Kalaiselvan, Advocate (Advocate) 18 October 2014

As advised by Mr. TajobsIndia, a petition to discharge your uncle from the case may be filed before the concerned magistrate by attaching the RTI evidence as documentary proof and after that an application may be moved by him before the same magistrate court u/s 156(3) for harassment u/s the provision of criminal laws with the help of an advocate, because a police complaint again on this may not be very effective. What was the disposal of the application before NHRC?

Prakash S Thakkar (B.S.L LL.B) 20 October 2014

File a complain under sec 340 of cr.p.c r/w 182, 211,194 to 210, 468 471 and others of ipc. Before tht read 195 of cr.p C

(Guest)

Originally posted by : T. Kalaiselvan, Advocate
	As advised by Mr. TajobsIndia, a petition to discharge your uncle from the case may be filed before the concerned magistrate by attaching the RTI evidence as documentary proof and after that an application may be moved by him before the same magistrate court u/s 156(3) for harassment u/s the provision of criminal laws with the help of an advocate, because a police complaint again on this may not be very effective. What was the disposal of the application before NHRC?

Sir jst recorded her statement and was given warning not to harass senior citizen and the same was drafted in written by DSP of area.