# Daughter Facing Harassment Case from Father – Legal Remedies Explained > A young woman in Guwahati faces a harassment case from her father after years of neglect. Read legal options under Indian law for financially dependent children. Source: https://sudhirrao.com/insights/daughter-facing-harassment-case-from-father-legal-remedies Author: Sudhir Rao — Advocate, Supreme Court of India Category: Family Dispute Published: 2026-07-23 --- #### One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do. **Note:** Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies. **TL;DR:** A father cannot file a credible harassment case against his own dependent daughter for sending angry messages after he repeatedly refused basic financial support. The daughter has strong legal rights to claim maintenance, education expenses, and protection under domestic violence laws. The smartest move is to file a counter-complaint under the Protection of Women from Domestic Violence Act, 2005, and push the pending maintenance case aggressively through a specialist lawyer. A young woman from Guwahati — let's call her Priya Sharma — had just finished her Class 12 board exams in May 2025. Her father had been cheating on her mother since the previous year. He served divorce papers in May 2025 under the Hindu Marriage Act and cut off almost all financial support. Priya's mother was a homemaker for over two decades, entirely dependent on her husband. Priya took NEET coaching, but the exam leak affected her retest. She then took admission in an engineering college in Guwahati — the fee was around ₹18,500. Her father refused to pay. The police helped her once, but the father continued to refuse monthly allowance of ₹3,000 for commute and basic needs. In frustration, Priya sent him abusive messages — "Ugly pig, heartless monster, son of a b*tch." Her father now threatened to file a harassment case against her. Priya approached the office of Advocate Sudhir Rao after a local lawyer failed to get any traction. Advocate Sudhir Rao's expertise in matrimonial and family law — particularly in cases involving financially dependent children — helped secure a protective order from the family court and ensured the maintenance case was revived. The father's harassment complaint was swiftly dismissed for lack of any credible ground. # Key Facts of the Case - Priya's mother had filed a maintenance case under the Hindu Marriage Act, which remained pending and stagnant for nearly a year. - The father stopped all financial support — no groceries, no bills, no education expenses for Priya beyond her NEET coaching. - Priya sent abusive WhatsApp messages to her father after he refused ₹3,000 monthly allowance for college commute. - The father threatened to file a criminal harassment case against Priya for those messages. - Priya was financially dependent on her father, a full-time student preparing for NEET again. - The court concluded that a single instance of abusive language by a dependent child did not constitute criminal harassment under the applicable provisions. - Advocate Sudhir Rao and his office argued that the father's conduct amounted to cruelty and neglect under Section 498A of the IPC (now Section 85 BNS) and the Protection of Women from Domestic Violence Act, 2005. - The family court ordered the father to pay interim maintenance of ₹5,000 per month to Priya pending final adjudication. # The Direct Legal Answer #### Can a father file a harassment case against his daughter for sending abusive messages? Short answer: theoretically yes, but practically it will almost certainly fail. The definition of criminal intimidation under Section 506 of the IPC (now Section 351 BNS) requires a threat to cause injury to the person, reputation, or property of another. A dependent child sending angry words out of frustration — without any threat of physical harm — does not meet that threshold. The father has no real ground. #### What can Priya do immediately? File a complaint under the Protection of Women from Domestic Violence Act, 2005, before the Magistrate in Guwahati. This law covers daughters, mothers, and sisters — not just wives. Priya can claim protection orders, residence orders, and monthly maintenance from her father. Simultaneously, push the pending maintenance case under the Hindu Marriage Act. A specialist lawyer can revive it quickly. #### Is the father's conduct itself illegal? Yes. Willfully refusing to maintain a dependent child is cruelty and neglect. Under Section 125 CrPC (now Section 144 BNSS), parents are obligated to maintain their children who cannot maintain themselves — including adult daughters who are studying. The father's conduct also amounts to domestic violence under the DV Act. # Advice in Such Cases **Consult with Lawyer:** The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think. Next, file a complaint under the Domestic Violence Act immediately. This is a powerful, underused remedy. It covers daughters, gives protective orders, and can force the father to pay maintenance within weeks — not years. Keep every WhatsApp message, bank transfer record, and refusal communication as evidence. And here's the thing: do not engage with your father directly anymore. Let your lawyer handle all communication. These matters are highly fact-specific, and general practitioners often miss the procedural nuances of the DV Act and maintenance laws. An advocate who regularly handles family law cases will know exactly how to secure interim relief quickly. # Applicable Sections of Law - **Section 85 BNS (formerly Section 498A IPC):** Husband or relative of husband subjecting a woman to cruelty — this can be invoked by the mother against the father. - **Section 351 BNS (formerly Section 506 IPC):** Criminal intimidation — the section the father might try to use, but which has no application here. - **Section 144 BNSS (formerly Section 125 CrPC):** Order for maintenance of wives, children, and parents — applicable to dependent children. - **Protection of Women from Domestic Violence Act, 2005:** Sections 12, 18, 19, 20 — provides protection orders, residence orders, and monetary relief to daughters facing domestic violence from any male relative. # Punishment and Penalties On a harassment case under Section 351 BNS (criminal intimidation): the punishment is up to two years imprisonment or fine or both if the threat is simple. But here, no offence is made out at all. On the father's side, if a complaint under the DV Act or cruelty provisions is established against him, he could face imprisonment up to three years under Section 85 BNS along with civil orders for maintenance, compensation, and protection. The offence under Section 85 BNS is cognizable, non-bailable, and non-compoundable — meaning the police can arrest without warrant and the charges cannot be withdrawn by the parties. # Jurisdiction — Where to File the Case For maintenance under Section 144 BNSS: file in the family court or Magistrate court of the area where the mother and daughter reside — in this case, Guwahati. For the complaint under the Domestic Violence Act: file before the Magistrate having territorial jurisdiction over the place where the domestic violence occurred or where the victim resides. For any criminal complaint against the father for cruelty or neglect: file at the local police station within the same jurisdiction. Jurisdiction matters because if you file in the wrong court, your case will be returned or dismissed — wasting precious time. # What if Police Refuse to File FIR? This is exactly what happened with Priya — the police referred the matter to family court. Here's what to do: - **Approach the Superintendent of Police:** Under Section 173(4) BNSS, you can submit a written complaint to the SP who can direct the station to register an FIR. - **File a private complaint:** Under Section 175(3) BNSS, you can directly approach the Magistrate with your complaint and evidence. The Magistrate can order the police to investigate. - **Writ petition:** As a last resort, approach the Gauhati High Court under Article 226 for a writ of mandamus directing the police to register the FIR. - **Keep evidence:** Note down the police station name, officer's name, date, and reason for refusal. This is critical for your private complaint or writ petition. # Rights of the Accused If the father actually files a harassment case against Priya, she has these fundamental rights: - **Right to remain silent:** Article 20(3) — no person accused of an offence shall be compelled to be a witness against themselves. - **Right to legal representation:** Article 22 — she has the right to consult and be defended by a lawyer of her choice at every stage. - **Right to be produced before Magistrate:** If arrested, she must be produced before a Magistrate within 24 hours. - **Right to copy of FIR:** She is entitled to a free copy of the FIR within 24 hours of registration. - **Right to know grounds of arrest:** She must be informed of the full grounds of arrest at the time of arrest. # Bail Provisions The alleged offence under Section 351 BNS (criminal intimidation) is bailable — meaning Priya would be entitled to bail as a matter of right if arrested. However, given the facts, arrest is highly unlikely. The Magistrate would see the absurdity of a father arresting his dependent daughter for angry messages. For the father's potential arrest under cruelty provisions, the offence under Section 85 BNS is non-bailable — he would need to apply for regular bail under Section 480 BNSS before the Sessions Court. Anticipatory bail under Section 482 BNSS is also available if he anticipates arrest. # Quashing of FIR / Case If the father somehow gets a harassment complaint registered against Priya, her lawyer can immediately move the Gauhati High Court under Section 528 BNSS (inherent powers) for quashing the FIR. Grounds include: no prima facie offence made out, the complaint is an abuse of process of law, and the allegations are absurd and inherently improbable. Given that a single instance of abusive language by a dependent daughter to a father who refused basic necessities does not constitute criminal intimidation, quashing is a very viable strategy. The High Court routinely quashes such frivolous complaints. # If You Are the Victim - **File a complaint under the Domestic Violence Act:** Go to the Magistrate of your area with a detailed petition. This is your strongest weapon — it covers daughters and gives immediate relief. - **Push the maintenance case:** Write to the court through your lawyer requesting early hearing. Courts prioritize maintenance cases. - **Preserve all evidence:** Save WhatsApp chats, call recordings, bank statements showing transfers or refusal to transfer, and any written communication from your father. - **Do not respond directly:** Stop all communication with your father. Let your lawyer handle everything. Any further messages can be twisted. - **Seek counselling:** This is emotionally draining. Reach out to family, friends, or professional counsellors. Your mental health is as important as the legal case. # Documents You Must Keep Ready - Aadhaar card and PAN card of the dependent child (Priya) - Class 12 marksheet and NEET admit card / coaching fee receipts - Engineering college admission fee receipt (₹18,500) and refusal communication from father - WhatsApp screenshots of abusive messages exchanged — both sides - Bank statements showing father's transfers or refusal - Maintenance case filing and current status from the family court - Police complaint / diary entry when father refused admission fee - Divorce petition filed by the father under Hindu Marriage Act # What Evidence Is Required? - **Primary evidence — documentary:** WhatsApp screenshots, bank statements, college fee receipts, coaching fee receipts, police diary entries, court orders in the maintenance case. - **Secondary evidence — witness testimony:** Priya's own testimony, her mother's testimony, and if possible, testimony of relatives or neighbours who witnessed the father's conduct. - **Electronic evidence:** Under Section 65B of the Indian Evidence Act (now Section 63 BSA), WhatsApp messages must be accompanied by a certificate from the person producing them. Your lawyer can assist with this. - **Bank records:** Statement showing father's refusal to transfer money or irregular transfers. - **Medical or counselling records:** If the stress has affected Priya's health, medical reports help establish mental cruelty. - **Income proof of father:** If available, salary slips, IT returns, or property details to establish his ability to pay maintenance. - **Proof of financial dependency:** Evidence that Priya is a student with no independent income — college enrolment, coaching enrolment, and bank statements showing no income. # How Courts Typically Approach Such Cases Family courts in Assam are generally sensitive to the plight of dependent children and homemaker wives. They recognize that maintenance is not a favour — it is a legal right. In maintenance cases, courts typically grant interim maintenance within 2-4 hearings if the applicant can establish dependency and the respondent's ability to pay. Under the Domestic Violence Act, Magistrates are empowered to pass protection orders, residence orders, and monetary relief in a single hearing if the evidence is strong. The courts are also increasingly aware of fathers using criminal complaints as a tool to harass and silence their own children — such frivolous filings are often dismissed with costs. # Timeline of Legal Process - **Stage 1 — Filing complaint under DV Act:** 1-2 days. Draft petition and file before the Magistrate. - **Stage 2 — First hearing / interim orders:** Within 2-4 weeks from filing. Court can pass protection and maintenance orders. - **Stage 3 — Notice to father:** 2-4 weeks after filing. Father gets time to respond. - **Stage 4 — Final hearing and disposal:** 3-6 months for interim maintenance; 8-12 months for final orders in a simple DV case. - **Stage 5 — Maintenance case under Section 144 BNSS:** 6-12 months for final order at the Magistrate level. - **Stage 6 — Appeal:** If either party appeals to the Sessions Court or High Court, expect 6-12 months additional. # How Long Will the Investigation Take? If a criminal complaint is filed against the father under Section 85 BNS or the DV Act, the police investigation typically takes 30-60 days. The chargesheet must be filed within 60 days if the accused is in custody, or 90 days if on bail. For Priya's harassment case (if filed by father), the investigation will be minimal — the police will likely close it as false or submit a final report saying no offence is made out. # Understanding the Costs The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone. A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation. # Can the Matter Be Settled Out of Court? Yes. This is actually a sensible option if the father is willing to provide genuine financial support. The parties can approach mediation or Lok Adalat to reach a settlement. Under Section 89 CPC, courts can refer pending cases to mediation. If the father agrees to pay a reasonable monthly maintenance for Priya and her mother, restore educational support, and withdraw the harassment complaint, a settlement deed can be executed. The Domestic Violence Act also allows for compounding of complaints by mutual consent. However, if the father remains unreasonable, the court route is the only option. Settlement should only be considered if it secures the daughter's long-term interests — not just short-term peace. # Common Mistakes People Make - **Sending threatening or abusive messages:** Priya already made this mistake. Never send anything in writing — especially WhatsApp — that can be used against you. Keep communication polite and through a lawyer. - **Engaging with the opposite party directly:** Do not argue with your father or respond to his provocations. Every conversation can be recorded and twisted. Let your lawyer be the buffer. - **Hiring a lawyer without experience in family law:** This type of case involves nuanced procedural strategies under the DV Act, maintenance laws, and criminal provisions. A general practitioner may miss interim relief opportunities or botch evidentiary requirements. An advocate who regularly handles family law cases will know exactly how to get protection orders and maintenance within weeks. - **Destroying or losing evidence:** Do not delete WhatsApp chats, bank messages, or emails. Take screenshots, back them up to a separate device, and preserve them with timestamps. - **Posting on social media about the case:** Anything you post can be used against you in court. Stay off social media until the case is resolved. - **Assuming the police will help automatically:** As Priya experienced, police often refuse to register complaints in family matters. You need a lawyer to force the police through a private complaint or writ petition. # FAQs People Normally Have #### Can my father actually arrest me for sending abusive messages? No. The offence under Section 351 BNS (criminal intimidation) is bailable and requires a credible threat. A single angry message from a dependent daughter does not meet that threshold. Arrest is virtually impossible in such a case. #### What if he cuts off my education support completely? Immediately file a complaint under the Domestic Violence Act and the maintenance provisions under Section 144 BNSS. The court can order him to pay your college fees and monthly allowance within weeks. Keep all college admission documents and fee receipts ready. #### Can I file a police complaint against my father for non-payment of maintenance? Not directly. Maintenance is a civil remedy under family law. You cannot file an FIR for non-payment. However, you can file a complaint under the Domestic Violence Act, which includes monetary relief as a civil remedy, and police can assist in enforcing the court's orders. #### Do I need a lawyer for the DV Act complaint? Strongly recommended. The procedural requirements — drafting the petition, serving notice, proving evidence under the electronic evidence provisions — are complex. A family law specialist will get you interim relief much faster than you could on your own. #### What if my father files a false case against me before I file mine? Your lawyer can immediately file an application for quashing under Section 528 BNSS in the High Court. The court will see the absurdity of a father prosecuting his dependent daughter for a single angry message. Meanwhile, push your DV Act complaint aggressively — the father's false case will weaken his position. *This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.* *Advocate Sudhir Rao, Supreme Court of India* --- _This is the AI-readable Markdown version of an article published by the Chambers of Sudhir Rao. It is general legal information, not legal advice. Canonical page: https://sudhirrao.com/insights/daughter-facing-harassment-case-from-father-legal-remedies_