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498a victim please advice (o)     02 April 2020

Facebook 498A Account creation

sir,

Wife is hiding herself from society, shifting from one State to another state. she also showing that she never get married and doing legal harrassment on husband by filing 498A.

also Trial going on for 498A since year 2011.
I have many photographs of Happy moments with wife like going out, at garden, eating, having fun, beach side happy moments photos.

questions is-

1). if i create new account in facebook and upload all those happy moments pictures in facebook, from this is there any possibility can my wife file any other Complaint.?

2.) will that be admitted in court?

3.) what are the Complaint or section IPC she can File ?

4.) what remedy husband have?


Learning

 9 Replies

Real Soul.... (LEGAL)     02 April 2020

If she is your legally wedded wife then you can upload your marraige pictures and married life pcitures 

Free Legal Help India   02 April 2020

PLEASE CONTACT A. A. ZAIDI ADVOCATE FOR LEGAL HELP. CONTACT NO. 9719775005.
1 Like

P. Venu (Advocate)     02 April 2020

If a case has been filed, what is its present stage - has it reached the Court? Have you engaged an advocate?

1 Like

Rohit Krishan Naagpal (Advocate)     02 April 2020

iQ) if I create new account in facebook and upload all those happy moments pictures in facebook, from this is there any possibility can my wife file any other Complaint.?

Answer She can file compliant of harressment and misuse of her personal photographs infringment of privacy but gravity depends on types of photograph you upload

2.) Will that be admitted in court?

No . But these photographs can be tendred in evidence at the time of defence evidence u/s 315 Cr.P.C 

. Section 315 of the Code is the section in question and the same being relevant for our purpose is quoted hereinbelow :

"315. Accused person to be competent witness.---(1) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial :

Provided that -

(a) he shall not be called as a witness except on his own request in writing;

(b) his failure to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against himself or any person charged together with him at the same trial.

The plain reading of the section shows that accused in a criminal trial before the Court has to make application in writing offering himself to be examined as defence witness for himself to disprove charges leveled against him or against any person charged along with him at the same trial. The plain reading of the said section further shows that what is required for availing of the provisions as contained in the said section is

(i) that there must be trial in Criminal Court;

(ii) person applying to be examined under the provisions of the said section has to be necessarily an accused;

(iii) when the stage for invoking the provisions of the said Act had reached i.e. to say after conclusion of recording of the evidence of the prosecution followed by the explanations/statements of the accused as required under section 313 of the Code is over;

(iv) the evidence as such accused may adduce will be on oath and as a witness and lastly (v) such evidence must be "in disproof of the charges made against him or any person charged together with him at the same trial".

Further these photographs can be confornted to her during her cross examination.

Regards

 

T. Kalaiselvan, Advocate (Advocate)     03 April 2020

1. By creating a new account on somebody' s name and posting pictures, may attract commission of offence under cyber crime.

If you are doing it on your own name then she may file a complaint against you with cyber crime for invasion of privacy and harassment.

 

2. Her complaint given to the police, if FIR is registered then court will take cognizance of the offence on the basis of FIR and investigation report. 

1 Like

T. Kalaiselvan, Advocate (Advocate)     03 April 2020

3. She can file even a defamation case under section 500 IPC besides section 354 IPC;

4. The husband has to face trial if she is insisting the police to initiate proper action on her complaint

 

 

1 Like

Dr J C Vashista (Advocate)     04 April 2020

Creating a new account on facebook and uploading photographs of "happy moments" shall not affect evidence against husband in a case u/s 498A IPC. 

She can not find anything adverse in such photographs against husband for filing fresh complaint and even defamation u/s 500 IPC.

1 Like

Dr J C Vashista (Advocate)     04 April 2020

Since the complaint case is stated to be pending since the year 2011 (almost 9 years) what is the stage of the case and opinion / advise of the lawyer engaged/ paid by you, who is well aware about facts and circumstances of the case and an able, competent and intelligent enough to satisfy your questions ??? 

Dr J C Vashista (Advocate)     04 April 2020

Originally posted by : 498a victim please advice
sir,Wife is hiding herself from society, shifting from one State to another state. she also showing that she never get married and doing legal harrassment on husband by filing 498A.also Trial going on for 498A since year 2011.I have many photographs of Happy moments with wife like going out, at garden, eating, having fun, beach side happy moments photos.questions is-1). if i create new account in facebook and upload all those happy moments pictures in facebook, from this is there any possibility can my wife file any other Complaint.?2.) will that be admitted in court?3.) what are the Complaint or section IPC she can File ?4.) what remedy husband have?

You have stated "...,Wife is hiding herself from society, shifting from one State to another state. ..." which is prima facie an unbelievable statement as why she is hiding herself from society, shifting from one State to another State.......how did you come to know/ conclusion??? where is she residing presently ?? what can be probable cause for  such behaviour ?? Whether she is attending proceedings of her complaint stated to be pending since 2011 ???


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