Fighter 10 December 2021

My ex-wife creating fear by sending sms

I have taken mutual consent divorce HMA 13B in March 2017. I paid around 25 Lakh rupees permanent alimony to my ex-wife and daughter together. My 9-year-old daughter's permanent custody is with my ex-wife. As per divorce terms and conditions, We have agreed to not communicate with each other.

I married after that and currently have two kids and a happy family.

DV Act case was filed against me in the year 2016, that case was closed based on her lawyer's statement to the judge in Jan 2018. Case close order is there.

In the year 2018, my ex-wife sent me an SMS saying a School Van driver molested our daughter. I replied saying - "Immediately complain to Police". She replied saying - "I forgave the driver because he will go to jail for long term".

March 2020, ex-wife send lawyer notice and asked for additional per month maintenance to her and daughter. she is saying she is finding it difficult to survive in the amount given by me.

In Oct 2020, my ex-wife sent me an SMS saying "Van driver did not do that incident. Her (ex-wife's father) father did it. Father is physically and mentally abusing daughter. She asked me to take daughter's custody".

On Oct 20, she filed Domestic Violence PWDV Act case against me based on incidents before the divorce decree. No new incident was mentioned after the divorce date. In the PWDVA case she is asking for maintenance to her and daughter for increased inflation, she is finding it difficult to manage in the amount given by me.

On Aug 21, I attended the PWDVA case hearing, At that time she mentioned her father is physically and mentally abusing our daughter.

I am 100 % sure that my ex-wife's father is not harassing my daughter. My ex-wife is sending these messages to me to just harass me.

My second wife is not ready to take custody of my daughter at any cost. My ex-wife takes care of our daughter very well, she is asking me to take custody just to extract more money from me. Because she knows my second wife will not allow me to take my daughter's custody. The daughter is safe with ex-wife.

Last month I wrote an application to the police station to take action on SMS incidents. Police called her and she said i sent SMS because she was not well because of Covid.

Police said they can not take FIR or NC for SMS incidents. They said there is no relevant IPC section available for the same.

My questions:

Which IPC sections can be used for SMS incidents?
Is this Extortion by showing fear or blackmail or anything else?
Can I file a Contempt of court order for SMS incidents and daughter's custody problems? If yes, which incidents should be highlighted?
How I should use these SMS incidents in PWDV Act case?
What should be my next steps to punish her?

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2 Replies

Anaita Vas 11 December 2021

1. Section 66A of the Information Technology (Amendment) Act, 2008 prohibits the sending of offensive messages though a communication device (i.e. through an online medium). The types of information this covers are offensive messages of a menacing character, or a message that the sender knows to be false but is sent for the purpose of ‘causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will.’

2. Blackmail is an indicitable only offence . A person convicted of blackmail is liable to imprisonment for any term not exceeding fourteen years. It is mentioned under sections 503 and 384 of the IPC.

3. In my opinion, since you both agreed not to talk and the same was not ordered by the court, it does not amount to contempt of court.

4. You can read the article, "HC cites privacy order, asks if text messages can be treated as proof" on the Times Of India website.

5. Court needs proof. First collect proofs and then you can file police complaint for harrasment. You can file police complaint under Sec. 509 of I.P.C. The police will send a copy of your complaint to I.T. Department. She cannot take legal action against you. You can file a police complaint in the police station where he resides. Get the facts written down an d send to your one of the relatives , let them visit the police station and file complaint.

Regards,

Anaita Vas

youhou 04 January 2022

If you have taken divorce by mutual consent then this Domestic Violence Act should not apply and it will be settled as per the terms and conditions of divorce. Expose the issue to the court by submitting an application and verbally asking the matter to be settled with huge cost. If police is not helping you in such case then you can file as private complain in magistrate court againest such matter.