• Filing complaint against ex husband after 15 years of divorce

Hi

I had been in a marriage for 7 years with a terrible emotional, sexual and verbal abuse that left me with a lifetime severe illness. I was very young, I filed a mutual consent divorce with no material claim and moved out of the marriage. 

With time I realised my ex husband is a potential threat to many women and he has done very wrong with many women so far. It's not like waking up from sleep and trying to implicate a person, but I realised me not reporting him allowed him to continue this pattern. He's a psychopath and a Sociopath.
Asked 2 months ago in Criminal Law
Religion: Hindu

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9 Answers

15 years have passed since MCD decree 

 

you have not filed any appeal 

 

the divorce decree is final and binding on parties 

 

you can seek maintenance if you are unable to maintain yourself 

Ajay Sethi
Advocate, Mumbai
96916 Answers
7819 Consultations

What were you doing for 15 years 

 

you agreed to mutual consent divorce 

 

after 15 years you claim husband is sexual predator 

 

it is doubtful that Poluce will take your complaint 

Ajay Sethi
Advocate, Mumbai
96916 Answers
7819 Consultations

No complaint against the husband is maintainable after the divorce is granted either by a contested decree (if not preferred any appeal against it) or by a mutual consent divorce

If you do not have any source of income to sustain your expenses yo may file a maintenance case against him seeking monthly maintenance. 

T Kalaiselvan
Advocate, Vellore
87118 Answers
2338 Consultations

you have no right or reason to lodge any complaint against him if there was no harm done by him to you  subsequent to your divorce.

If there are any person who was affected by such acts, they can very well lodge a criminal complaint against him.

T Kalaiselvan
Advocate, Vellore
87118 Answers
2338 Consultations

You can complain to Women commission but rare possibility of any action now until some women complaint against him. 

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

- As per law, you cannot register a complaint for any criminal offence after a maximum period of 3 years from the date of cause of action. 

- Since, 15 years already passed from the date of divorce , then a complaint is not maintainable against him. 

- However , you can file a criminal complaint for defamation against him for malign your image in the society. 

Mohammed Shahzad
Advocate, Delhi
14495 Answers
221 Consultations

Dear Client,

You have the right to report your ex-husband for emotionally, sexually and verbally abusing you during your marriage. You can lodge a police complaint regarding abuse, which falls under the Bharatiya Nyaya Sanhita (previously, Indian Penal Code) including the section 77 for stalking and section 349 for criminal intimidation. In case the police refuse your filed first information report or FIR, you can turn to the superior officers or go to the magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (previously, Section156(3) of the Code of Criminal Procedure). Second, you may also approach the court under Protection of women from Domestic Violence Act, 2005 is still available even after the divorce. You are also recommended to consult from The National Commission for Women (NCW). Gathering all kind of evidence for the assertions you are about to make as well as seeking an assistance of a domestic violence lawyer may be useful at this stage.

 

Hope you find this answer suitable for resolving you query.

Anik Miu
Advocate, Bangalore
10159 Answers
119 Consultations

Unless you have cogent evidence of his present acts no complaint against him would yield to any results.

Law needs evidence , not the perception about a person  by another. 

Devajyoti Barman
Advocate, Kolkata
23216 Answers
514 Consultations

Dear madam,

Any citizen of India can move Criminal Law on valid grounds if such culprit has proven record of criminal or stealthy doing such activities which are immoral. You may approach IPS Rank Women Police to get your complaint registered and also approach the victim women who are ready to support you.

Kishan Dutt Kalaskar
Advocate, Bangalore
6179 Answers
490 Consultations

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