Is it possible to file complaint us 509 for the divorce petition allig

670 votes

Hi there, you can very well file a complaint u/s 509. However, you'll have to strategically move ahead in this as the petition is withdrawn. In order to devise a proper strategy I'll be needing additional details with respect to your case. It's advisable to contact me and provide requisite details to assist you better.

Advocate Ishan Parashar LawRato

535 votes

Section 509 IPC applies when a person intends to insult the modesty of a woman by words, gestures, or acts, and such words are spoken with clear intention to outrage dignity. However, statements made in judicial proceedings (like divorce petitions) are generally protected under the principle of privileged communication. Courts have held that allegations made in pleadings, if relevant to the case, are usually protected from criminal prosecution, even if harsh. But protection is not absolute. If: Allegations are completely false, Irrelevant to divorce grounds, Malicious and scandalous, Made only to defame or insult, then criminal action may be considered. Some High Courts have observed that court pleadings cannot be used as a shield to make reckless allegations attacking a woman's character. However, courts are cautious in allowing Section 509 or defamation cases for statements made in pleadings. Important points: If allegations like “partner swapping” or immoral conduct were made without proof and only to humiliate, you may: File application in divorce court to strike off scandalous pleadings. File defamation complaint under Section 499 IPC. Consider 509 IPC if clear intention to insult modesty is shown. If husband later withdrew the case, it may support your argument of false and malicious intent. Before filing 509 complaint, consult a criminal lawyer because many courts dismiss such complaints citing privilege of judicial proceedings.

Advocate Prity Raj LawRato

829 votes

False allegations like partner swapping in a divorce petition can be grounds for a complaint under Section 509 IPC for insulting modesty. You can also file for defamation and seek damages as per the concerned provisions of law.

Advocate Pankaj Bajaj LawRato

866 votes

Yes. A complaint can certainly be lodged at the concerned Police Station alleging offences under Section 509 IPC, along with such other penal provisions as may be attracted on the facts. The pendency of matrimonial, divorce or any allied civil proceedings does not operate as a bar to initiation of criminal action, since the criminal complaint arises from an independent and distinct cause of action and must be dealt with on its own merits. If you share the basic chronology, the exact words/acts complained of, the dates, place of occurrence, and any supporting material (messages, call recordings, witnesses, screenshots), I can settle and file a proper complaint, pursue registration of FIR and take further steps in accordance with law. Kindly get in touch with me with the relevant details so that we can proceed promptly.

Advocate Pragati Srivastava LawRato

965 votes

A Complaint under Section 509 is maintainable whenever and wherever the modesty of a woman is being outraged. The court needs to be satisfied that there is an identifiable woman and any act outraging her modesty was conducted. The said act can be verbal, physical or sexual etc. Considering the facts of your case, a Complaint is maintainable under the provisions of Section 509 IPC. To further crystallize the point and to answer your query in a better manner, the said Complaint can be filed irrespective of the state of the Divorce Proceedings. Especially in your case, wherein gross acts demeaning your self respect and outraging your modesty were committed.

Advocate Shambhavi Sharma LawRato