actually my father in law is interfer in my marriage so i need to file

636 votes

The statements made by your father-in-law, especially about your mother, are defamatory in nature and can attract provisions under Sections 499 and 500 IPC (defamation). If you possess a call recording as evidence, you can consider filing a private criminal complaint under these sections before the Magistrate. Additionally, you may also explore a complaint under Section 504 IPC (intentional insult with intent to provoke breach of peace) and Section 506 IPC (criminal intimidation), if threats or coercive language were involved. However, using a call recording as evidence can be tricky. As per Indian Evidence Act and privacy judgments, a recording can be admissible in court if you're a party to the conversation or it was obtained legally. If you were not part of the conversation, you must be cautious as it may raise questions of admissibility and privacy breach. As for the impact on his job – if your father-in-law is a government employee or holds a public position, any criminal case, especially one involving moral turpitude like defamation, can lead to departmental inquiry or suspension depending on the rules of his employer and the seriousness of the charges. Regarding your children – if you want custody, that must be handled separately under the Guardians and Wards Act or Section 26 of the Hindu Marriage Act through a family court. The misconduct of your father-in-law can support your claim for custody, especially if it’s affecting the well-being of the children. If you need help drafting the complaint or guidance on custody proceedings, I can assist further.

Advocate Mrudhula Jahnavi LawRato