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padma (hjk)     06 November 2012

Divorce

i received a divorce notice from my husband. i live in my parents home with my child for the last 2 years. my husband knows my email id password. he accessed my email and deleted everything. he is giving my mobile number in p*rno sites. i am receiving anonymous calls in which they speak very vulgur. 

he is in dubai. he is saying that even if i file a complaint, no action can be taken in cyber law because it is not happend within the indian border. is it true?

i can prove that he visited my email id. but after his visit i am also visited my email id. then how to prove that he has deleted all my mails?

the guy who spoke with me in anonymous call told me that he got my number while chatting in yahoo messenger. if my husband is spreading my mobile number through yahoo messenger, is there any way to prove it?

He daily visits my bank login. but he never transfer money. so he is saying, accessing my bank account is not a crime and i could not prove it in court. is it true?

my relatives are saying cyber laws are not strong in india. so even if i file cases for these tortures, he could escape easily. my husband totally torturing me. 

need your advise.



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 5 Replies

Tajobsindia (Senior Partner )     06 November 2012

1. What he says is right. Jurisdiction problem you will loose private complaint case. Recent decision on "jurisdiction" in cyber Law says so not me!

2. Apart from above stark point blank reality check appraised to you, I feel there is alleged misuse but what on earth you are sitting all these days for not to change your PWD and acting in collusion? Same way ever thought to change cellphone number?

If Court has to send any legal notice or vice-versa concerning matrimonial Laws usage in future after 2 years of desertion either side your residence address is what is needed not your login ID or cellphone no. to send / receive Court notice(s) !!! 

Adv. Chandrasekhar (Advocate)     06 November 2012

1.  Immediately file criminal complaint in cyber crime cell giving full details of violations he has done.  And also give his physical location also.  The question of territorial jurisdiction does not arise at all in your case.

2.  File Domestic violence case and get the summons issued to him.  If he does not appear, file an application before the court for impounding his passport. 

3.  Also send a representation to the passport department seeking to impound his passport.

4.  In law there is a basic principle.  Every right has got a remedy.  If there is no remedy, corresponding right does not exist.  If your privacy and dignity is abused, your right to life (fundamental right under Article 21) is infringed.  The High Court and Supreme Court will come into your aid.  So, contact a reasonably good advocate and as per his advice,  file a complaint in the area police station where you live and move the High Court for seeking the extraction of your errant husband to face the investigation in India.

5.  If you know his employer's address, file a complaint aginst him and request them to terminate his services on the ground of moral turpitude.

6.  Do not forget to give complaint before the State / Central commission for women.

Seetha (assisstant)     06 November 2012

Respected Sir/Madam,

      I Seetha age 32 working at HP, my husband left on 30th Oct 2010 from my home.  We doesn't know where he went as on date. My mother-in-law told me to concern the Lawyer for further step to take divorce.

Please tell the procedure how to approch for divorce without concern of my husband.

Please do the favour in my case.

Thanks & Regards,

Seetha.

Tajobsindia (Senior Partner )     06 November 2012

@ Seetha,

1.
Hire an advocate via reference.
2. Seems you have concerns for your Husband / whereabouts. Hence via hired advocate file S. 9 HMA for restitution of your conjugal rights. The address used for servicing Notice is your Mother –in- Laws address.

JANAK RAJ VATSA (ADVOCATE)     06 November 2012

1. change your password immediately for mail id as well as your bank account

2. file a criminal complaint in teh police station against him giving his address and employer details. things will start moving in right direction


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