Procedure to file a petition against mental abuse by a family member

Hi. I would like to know what steps can i take to sue somebody who has emotionally and mentally abused the people in my family, as well as spoken utter rubbish about us wherever possible. Is it better to sue? If yes then under what laws. Or is it better to get a restraining order? Also how difficult would this be if the person doing the abusing is also a family member?

Answers (4)

213 votes

Dear User,

If the person is abusing basis on caste you can file a case under utrositiece act other wise you have to file case before the concern police station if he abused along with man handling the same it comes under 324 ips act.

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267 votes

you can file a case under defamation laws if any thing defaming the family reputation or personal reputation is damaged and if the proof is consolidated and you need to prove it before the court of law

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267 votes

You can file a suit for defamation against the person who has emotionally and mentally abuse you and people in family.
In Civil Law, defamation falls under the Law of Torts, which imposes punishment in the form of damages awarded to the claimant (person filing the claim). Under Criminal Law, Defamation is bailable, non-congnizable and compoundable offence.
Defamation as a criminal offence is listed under section 499 of the Indian Penal Code. The punishment, mentioned under section 500, can extend upto simple imprisonment for a term of two years, or with fine, or both
Restraining orders are issued in civil defamation case.

67 votes

This is M.A RAHEEM KHAN Advocate, From : Hyderabad, @

First You have to file the complainant against that person in the Local Police Station then you can file the criminal before the Magistrate in case police would not take any action.

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