Javed Md
Asked October 31, 2016

Threats and torture

  • 2 Answers
  • 713 Views

hello sir, i am from visakhapatnam i have been living with a already married women with her 2 kids since from 4years, her husband lodge a complaint in ps 3years ago and their agreed to leave her to me and i agreed in ps to take care her and her kids we wrote a note in ps he will marry after his divorce but he didnt gave divorce and he get married to another women, he is not disturbing us but his sister's in-laws brothers are comng to my home and torturing us both, sir i kindly request you to please give me some advice how could i go futur…thanking you

Answers 2

The situation is not entirely clear to us, but we will try and help you out with information as much as we can.

This man cannot marry another woman while being married. It amounts to Bigamy, which is an offence and  also means that the second marriage is not valid.

 

Since we do not know what you mean here by torturing you, here is what we can tell you about Criminal intimidation:

Section 503 of the IPC says that whoever threatens another with any injury to him, his reputation or his property, or to the person or reputation of any one in whom he is interested, with intent to cause alarm to that person, forcing them to do something which they are not legally bound to do, using threats, commits criminal intimidation.

Section 506 provides the punishment for criminal intimidation with imprisonment which may extend to two years, or with fine, or with both.

If the threat are to cause death or grievous hurt, or to cause the destruction of any property by fire, or to carry out an offence which is punishable with death or imprisonment for life or seven years, or to impute unchastity to a woman, then the punishment can be extended to seven years, or with fine, or with both.

However, please note that this is a NON COGNIZABLE, BAILABLE OFFENCE. In a Non-Cognizable Offence, the police will require the permission of the court to register a case or investigate. The accused cannot be arrested without a Warrant.

If you go to the police station to file a complaint, as per Cr.P.C, the Police Station is required to record an abstract of such complaint in the General Diary. They will then advise you to file the complaint in the concerned court as police is not empowered to initiate action in such matters without the directions of the court.

The judicial process can be started by filing a private criminal complaint before the competent court, under Section 190 of the Cr.P.C.

Agree Comment 0 Agrees almost 4 years ago

Two separate criminal complaints can be lodged against the husband and against the in-laws. put them under legal pressure so that the husband comes forward for mutual settlement. ask him then to mutually divorce his earlier wife. than both the families can live happily.

Agree Comment 0 Agrees almost 4 years ago

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