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Arvind Singh Chauhan (Querist) 30 March 2012 This query is : Resolved
Sir,
My client used to reside with her sister’s home during her studies. During these days her sister’s brother in law “A” proposed my client for marriage. She refused and changed her residence. After one year my client got marriage with another person. Now “A” has filed a suit U/S 9 HM Act claiming my client his wife. Which She is going to object.

“A” has made a fake profile of the name of my client in Face Book showing her husband’s name as “A”. “A” has also uploaded some joint photographs in a temple. “A” is sending friend request to my client’s husband’s friends and sharing these photographs.

What may be the remedy to check him. Whether he can be booked for criminal offence/ cyber crime / under what sections police may book him after investigation?

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SAINATH DEVALLA (Expert) 30 March 2012
Dear Aravind,

Immediately ask your client to lodge a criminal complaint against that person.Facebook comes under cyberlaws and another criminal complaint can be made under cyber laws.
Cyber crimes can involve criminal activities that are traditional in nature, such as theft, fraud, forgery, defamation and mischief, all of which are subject to the Indian Penal Code. The abuse of computers has also given birth to a gamut of new age crimes that are addressed by the Information Technology Act, 2000.

If proved guilty to the crime,he will serve not less than 7 years plus defamation slapped against him

Arvind Singh Chauhan (Querist) 30 March 2012
Thanks Sir for quick reply.

Rajeev Kumar (Expert) 30 March 2012
Yes arvind follow the sainath advise.

Shonee Kapoor (Expert) 30 March 2012
Sainath has advised correctly.

Also contest this petition and file for defamation.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com