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Saurabh (Sr Consultant)     11 May 2016

Wife sends objectionable pics in fb/wa, what can husband do?

Hi experts,

There is one guy, whose wife used to send her objectionable pics to certain people in facebook and whatsapp.

The husband caught her act with all evidences. He now wants to press charges against her, Under what sections can he press charges against her?

Does this comes under adultery? Is there any judgement ruling where adultery or other charges were pressed against wife for such an act?

Saurabh.



Learning

 16 Replies

Dr Martin Campbell (Doctor)     11 May 2016

What is adultery? That is a very vast term according to Indian law.

 

Simply sharing photos of facebook or twitter or watsapp does not amount to adultery.

 

It appears that you want to simply find fault with wife to ask divorce from court.

 

You simply can go for mutual divorce if you dont want to continue living with her. There are lot of other ways to get divorce than adultery.

Saurabh (Sr Consultant)     11 May 2016

Sir,

The wife sends nude pics of hers to FB/WA. I dont think that is a things which goes to well with any person in a family, leave aside a husband. 

Now that the husband has the evidences, instead of mutual divorce, she is threatening of false cases against the husband and in fact put application for 498A. She is also demanding 5 crores in alimony!!!!!

Now, pls tell me is the husband trying to find fault in his wife? Or wife is creating a mess of the guy's life with whom she was supposed to have a married life?

Regards,

Saurabh.

saravanan s (legal advisor)     11 May 2016

if the pictures exchanged when considered with other proofs like chats, emails etc can raise reasonable doubt in a persons mind that adultery might be committed between those two then with other proofs to show that they had stayed together in a hotel room all alone for a considerable time then contested divorce case on the grounds of adultery might be filed

1 Like

Saurabh (Sr Consultant)     11 May 2016

Thank you Sarvanan sir.

I think no such evidence of staying in a hotel, etc is there. But sending out such pics in social media can be a ground for divorce (under cruelty)?

 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 May 2016

It comes under mental cruelty. Husband can file case against wife on this ground. But evidences are important.

1 Like

Saurabh (Sr Consultant)     11 May 2016

Pls check this news.... this says that such chats can be used to file adultery. Is there any ruling/judgement like this. 

https://timesofindia.indiatimes.com/city/bengaluru/Adultery-cases-on-the-rise-Chat-trails-give-divorce-lawyers-new-age-ammunition/articleshow/37141369.cms?from=mdr

 

saravanan s (legal advisor)     11 May 2016

record all her calls where she is asking 5 crores as alimony and threatening to file false cases on you.those proofs would help to prove her malicious intention and also you can file extortion case on her with those proofs.also as a precaution make an nc in the police station mentioning the fact that she might file false case on you.

1 Like

Saurabh (Sr Consultant)     11 May 2016

Ok Sarvanan sir. Will update you soon.

varoon choudhary   13 May 2016

no need to record her calls ..if you have all those evidences as you mentioned above will be sufficent..its a fit case for divorce on ground of mental harrasment and adultery will be presumed in proceedings..
1 Like

Born Fighter (xxx)     15 May 2016

Saurabh, ur wife will turn back and allege that you (or someone else on ur behalf) is the one who is uploading her nude pics on social media. You need to have a watertight case with technical (IT) proofs to prove that its ur wife who is doing these acts. If it has to be believed that ur wife is doing all this then she must be a prosti*** or she wud share such pics with her BF not to any stranger.

 

However im puzzled to know why ur wife wud do such an act ???? any clues u have ?

 

 

 

1 Like

Saurabh (Sr Consultant)     16 May 2016

Hi Born Fighter,

Its not my wife but another guy's wife who is doing these acts. Why she does these can only be a guess. Reading a woman's mind was never a strong point for men. :)

The guy has all the evidences but needed help, so I am trying to help him in all possible ways.

Thanks.

Born Fighter (xxx)     16 May 2016

Sorry but cant believe ur friends version in toto. Important details of the case are either missing or not revealed. What proofs does ur friend have to prove his case OR else he will make a fool of himself in front of judges who are already biased towards women in matrimonial disputes.

Saurabh (Sr Consultant)     16 May 2016

I can vouch for him.... in fact the judge also tried to explain to the wife that if this matter is leaked in public it will be you who will be disgraced. Thus, go for mutual divorce.

Born Fighter (xxx)     16 May 2016

Judges keep changing and cases are transferred on rotation basis. Judge is not blaming the wife for what has happened (unless wife has admitted that she had send those pics) but asking her to go for MCD inorder to protect wife's dignity/character. Its ur friends wife who has to decide whats best and she cant be forced by anyone including judge for reconciliation or MCD.

Im keen to know what evidences/proof does ur friend have to technically prove that its his wife who is actually sending these pics to other people. In cyber cases its difficult to prove such things if the opposite party denies. The wife also can hit back with defamation case if things are not proved/ if she is innocent.

The very fact that wife is not even listening to the Judge creates doubts to believe ur friends version OR it could be that the wife is hell bent on destroying her image and character in front of her family and entire world (?????)..........................but then why this route , being a woman she could have used other legal means to extract money/harass the husband


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