LawRato

Threatening to kill me and using abusive words and vulgar language and


21-Aug-2023 (In Criminal Law)
I'm the other woman who had looked after the married man who was harassed by his wife and took care of him from last two years now his wife is threatening to kill me i have the recordings as well as the messages can I file a case against her
Answers (3)

Answer #1
814 votes
Yes you can very well file a case against her. If you are seriously apprehensive that there is an imminent threat or danger to your life you must infact lodge a police complaint.
You must approach the nearest police station asking them to lodge and FIR for offence of 'criminal intimidation' against you under Section 503 read with Section 506 of the Indian Penal Code.
This is however not any legal advice I am giving you because for a criminal case it would be most appropriate to first weigh the evidence we have and then to arrive at a conclusion/inference as to whether such a case is legally made out. Even though there are voice recordings, that would not itself mean that the person accused has committed any offence; as criminal intent or motive still does not stand proved. A convicted is a serious consequence for the accused and it must be proved beyond reasonable doubt that the accused meant what she said and not that she said it in a fit of envy or anger. It that is not the case it would be a misuse of the legal process to initiate a frivolous criminal proceedings.
The police might also take this view and refusal to file FIR. In that case an application may be made to magistrate.

Answer #2
600 votes
you can file a police complaint against her on the basis of threat given by her to you.

if police fails to take the action against her then you can file a private complaint before the Magistrate.

but one backdrop is there if you start action against her she may counter attack upon you by filling the complaint against her husband and in that she can also involve you.
Answer #3
730 votes
Good to know that you helped some friend of yours in need but when it is between wedded wife and husband either we can find a solution to resolve the issues or just can be a good listener. If at all she is threatening you or using abusive language you do have option to complain about it in police station but this will only create more complication in resolving the issues of your dear friend. Take an initiative and try to communicate across the table firstly one on one and then with your dear friend and his wife togetherly

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."