My wife boyfriend balming us in social network sites (face book)
SRIDHAR B
(Querist) 07 June 2012
This query is : Resolved
Dear Sir,
My wife(Madhavi) was maintained strong relation with her boy friend after marriage. I convinced her don’t maintain the relationship, but she was continued after marriage. Suddenly On Jan 15th 2012, she told, she was suffered from RAPE in 2008. After that Vijay cared a lot and continued her relation after that and she maintained strong relation with him.
Vijay (Her Boy friend) also confirmed the same (she raped) in mail to me. Then she told, I will leave after Feb 14th 2012 and I put maintenance case on me because she want continue relation with him.
She gave missed call and he called her and discussed many things when I went to office.
She told I like Vijay more than you. But I did not say any thing.
They met on 22nd Jan 2012 and discussed the same.
Then we informed her parents about the same. But on 5th March 2012 she was suicide and wrote letter against me and stated in mail “I force fully told her to tell she was raped in 2008” and some other things but it was not correct.
I was charged under 306 and 498, 306 and 3, 4 DP act.
Now her boy friend published suicide news (paper news) in FACE BOOK (he added all my friends and managers ids) and all are asking what happened.
If there was no relation then why he was trying to blame me. I lost my honor and respect in my office and friends and relatives because of him (published suicide news in face books). He added mutual friends there no relation between him and my collogues and friends.
Could you please tell me I lost every thing because of him... She blamed me instead of him and I charged under above sections.
He is the main culprit for her suicide and he involved all aspects. Could you please tell me for below queries?
1) Can I put 306 against to him (Vijay) where she was suicide because of him but already her parents gave complaint against to me because of suicide letter and I went on remand?
2) He confirmed that she was raped before marriage in the mail.
3) He is blaming us on FACE BOOKs in front of my friends and colleagues and relatives by attaching her photos and Suicide news in daily news paper scanned paper cuttings. Can I put any another case about my honor damaged?
4) Can you please tell what cases I can put against him?
5) If police not agreed to take the cases then what we need to do?
6) Can I lodge complaint even though the already complaint on me.
7) What Cases I can put?
8) Do I need to inform in FIR about my wife’s rape incident or not required?
9) If I lodge complaint against to him then please tell me will it advantage to my case or advantage to her mother or Vijay?
10) Please give clear idea, if I put any case to Vijay then that should not affect my actual case. Some times all says wantedly lodged complaint. But here he is blaming me in FACEBOOK, He added all my manager and Friends and relatives he does know who are those. But I want put FIR against to him and that should be powerful because he spoiled my life and my wife life.
I would be grateful if you help on this issue.
adv. rajeev ( rajoo )
(Expert) 07 June 2012
Issue legal notice to him instructing him that you would initiate civil and criminal cases claiming damages for defaming.
Devajyoti Barman
(Expert) 07 June 2012
Mere reproduction of any news already published on any networking site does not make any cause of action.
However any reckless personal comment on an accused person pending prosecution with a motive to belittle his public image is defamation. So check his activities.
If you think her BF id equally responsible then make a statement u/s 164 crpc before the Magistrate to implicate him.
SAINATH DEVALLA
(Expert) 07 June 2012
Dear Sridhar,
You are in a delicate situation,and any wrong step from you would lead to more troubles.AS suggested issue a legal notice to that fellow and also make a statement u/s 164 crpc.
164. Recording of confessions and statements.
(1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial:Provided that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.
(2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily.
(3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not willing to make the confession, the Magistrate shall not authorize the detention of such person in police custody.
(4) Any such confession shall be recorded in the manner provided in section 281 for recording the examination of an accused person and shall be signed by the person making the confession; and the Magistrate shall make a memorandum at the foot of such record to the following effect-
"I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him.
(Signed) A.B. Magistrate".
(5) Any statement (other than a confession) made under sub-section (1) shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement is so recorded.
(6) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried.
STATE AMENDMENT
Andaman and Nicobar Islands and Lakshadweep:
After sub-section (1) of section 164, the following sub-section shall be inserted, namely.
"(1A) Where, in any island, there is no Judicial Magistrate for the time being, and the State Government is of opinion that it is necessary and expedient so to do that Government after consulting the High Court specially empower any Executive Magistrate (not being a police officer), to exercise the powers conferred by sub-section (1) on a Judicial Magistrate, and thereupon references in section 164 to a Judicial Magistrate shall he construed as references to the Executive Magistrate so empowered."
COURTESY: vakilno1.com
SRIDHAR B
(Querist) 07 June 2012
Dear Sir
He was the first person who pasted the paper cuttings. Could you please tell me, If he did wantedly then can we lodge complaint? It is paper cutting and first time posted in social network.
He did has any relation with my collgues and friends how come he share those.
Could you please tell me.
SRIDHAR B
(Querist) 07 June 2012
If he post without reason we can execuse but wantedly he is doing. Any other complaints Can I lodge against to him? becuase he is taking revange on us without reason and he did mistake. I dont know where it goes. We can say we have a threat from him.
ajay sethi
(Expert) 07 June 2012
you had posted this query earlier too ?
PARTHA P BORBORA
(Expert) 07 June 2012
Mere publishing of a paper cutting in a social site does not amount to defamation. If the original news published in the news paper is defamatory you may file a case but in that situation you have to prove that the news published is a false one. But if someone punished a news about anything which is true or published for the greater interest of public you can not sue the news paper. Moreover, the allegation is a serious one and you should not react to each every action of the said boyfriend. So, it is not the right time to strike back or to react, It is the time to prepare your defence. Moreover you should inform the I.O of the case and request him to investigate your points. So, don't wast your time and consult with a local criminal lawyer soon. The allegations are very serious in nature, One simple mistake may produce fatel consequences to your defence.
SRIDHAR B
(Querist) 07 June 2012
Instead of sending court notice, can we give complaint in police station. So he can stop posting these type of messages
PARTHA P BORBORA
(Expert) 07 June 2012
you can not file an FIR for defamation but you may send a pleaders notice to him or you may send a notice to Facebook. If the posts of the boy friend (alleged) of your wife is abusive or defamatory, Facebook will take steps against him And it is the shortest way to stop his activities.
Shonee Kapoor
(Expert) 20 June 2012
I endorse the views of Ld. Barman.
Why increase your own pain.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
