• Currently separated and need advise on divorce

I'm separated and living with my parents for past 2 years. I have a little girl who is 2.5 years old. 
My husband is psychological affected and there is change in his sexual orientation. I came to know of this only in 2015. He impersonates himself as me (female) and look for male partners. Without my knowledge, he has misused my pictures and sent to several unknown men in dating sites, chat rooms and his/my friends. He sex chats with them on my name. I realized when men in our circle started approaching me in Facebook stating I have been sex chatting with them. My husband provides all information and on where I work to them. So few started looking out for me in the office.

I confronted with him and living separately. He was initially ok for mutual divorce so I didn't file any case on him. He dragged and now backed out. He demands equal rights on our daughter. I'm ok in giving supervised baby visitation once in a month but no other rights or custody as he is a pervert. He had used my pictures along with my baby too. So I don't know how spoiled he is. 

Please advise me the right legal move against him and best way to get divorce.
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

1) file police complaint against your husband under section 67 , 67A of IT act for transmitting your pictures to several men , for doing sex chats under your name

2) “Section 67 of the Information Technology Act, 2000 specifically prohibits, transmission or publication of obscene material in electronic form”

“Section 67A of the Information Technology Act, 2000 prohibits transmission or publication of material containing sexually explicit act in electronic form”

3) file for divorce on grounds of mental cruelty and seek sole custody of child

4) mention about your husband transmitting your and daughter pictures to his friends

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. IF HE AGREES FOR MUTUAL DIVORCE THEN GO FOR IT TO AVOID LONG LEGAL BATTLE.

2.If he retracts then do not spare this bloke.

3.File several criminal case for impersonation and cheating. Case under stringent IT Act can also be filed.

4. Then file case u/s498A ipc.

5. All These to be filed only if he refuses to leave you peacefully by way of mutual divorce.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. Since he has backed out of mutual consent divorce the only remedy for you now is to file a petition for divorce in the court on the ground of cruelty, which you can contest. If you can prove that he sent your pictures to men on dating sites without your consent then you will get a decree of divorce.

2. To get the custody of your daughter you may file a suit for guardianship and child custody in the court. In a child custody dispute the only consideration for the court is the welfare of child.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If you have proofs or evidences for he using your name and photos for this purpose, you may lodge a complaint against him with the cyber police narrating everything in writing.

The police will, after taking cognizance, initiate appropriate legal proceedings.

In the meantime you may file a divorce case on the same grounds and desertion with cruelty.

You can plead all such incidences of misusing your photographs and sex chats on your name as the mental cruelties.

You may add the copy of police complaint as a documentary evidence for the narrated incidence pleaded as grounds for seeking dissolution of marriage by a decree of divorce.

If he files a child custody case, you can strongly object and oppose his petition on the said grounds as well as for the safety of your child and her future as well as her career due to his bad character which may take a toll on the child.

You may discuss with your advocate and proceed with the divorce case immediately as well as the criminal complaint with the cyber police.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1) emails , whats app chat messages are admissible in evidence

2) you can obtain divorce on grounds of mental cruelty

3) contested divorce cases take 5 years to be disposed of

4) mutual consent divorce takes 6 months

5)you should agree to give husband visitation rights

6) even if you dont agree court would award your husband visitation rights for the child on weekly or fortnightly basis

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. The time taken for contested divorce canot be predicted especially owing to the present situation.

It is due to various factors which govern the delay in the proceedings and its disposal.

If you have documentary evidences for his psychotherapy or treatment for his mental health, you may secure them for using it in both the divorce case as well as the child custody case. However please do not apply for child custody case by yourself if the child is in your custody, let him file a case which can be challenged based on his mental ill health, which is an advantage to you.

2. The terms for mutual consent has been told to you which you have stated here.

It is not necessary that you have to accept all the terms as it is. You can modify the terms suiting to your situation and desire. If he do not agree, then you may ask him to proceed through court where you can challenge his pleadings based on merits in your side.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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