• Harassment by ex-wife

Hello, I'm an NRI and legally separated from my wife last year from the UK courts. Presently she is living in India however we were in love and got married for some reasons it didn't work well and I approached for divorce and she left the country. We were granted divorce last year however she sends me messages and scolds whenever she feel like and I agree fault is also from my side and express how i regret every single time and she is not in a position to understand it and I also don't say anything as my mistakes are also there. I certainly can't change what had happened apart from moving on and i said the same however she stalks my Facebook and my friends too. I recently started speaking to a girl and she calls me best friend and tags me in every single thing and she also calls me Bhayya ji as her parents calls me son, my ex wife didn't like that and send an anonymous message to her , at that time also i didn't say anything but day before yesterday she has created a Facebook profile with my photos , personal chat, divorce page and sent friend request to all with a profile tag I'm a cheater and so on. I immediately asked what is going on and she said I'll do like this only when ever I get mood I'll do like this and I'll upload many chats . I requested Facebook to delete and they did it however after that she again started messaging and saying don't worry if one page is deleted I'll create many more. 
I saw some reviews and some articles regarding the same, I came to know its criminal act if your ex do like that , can someone please tell me what shall I do ? I presume her parents doesn't know about this as she is living in a different place. 

Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

1) you can file police complaint against your ex wife under section 500 of IPC for having malinged your reputation by calling you cheater and uploading it on face book

2) you can also file suit for damages and claim compensation from your ex wife

3)66A.of IT act Punishment for sending offensive messages through communication service, etc.,

Any person who sends, by means of a computer resource or a communication device,—

(a) any information that is grossly offensive or has menacing character;

(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently by making use of such computer resource or a communication device,

(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages

shall be punishable with imprisonment for a term which may extend to three years and with fine.

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. The act of your gf is no doubt criminal offence both under various provisions of IPC and the IT Act.

2. So unless the lady on receipt of warning from your end stops doing this further you can lodge complaint with the local Cyber police station on which basis FIR would be registered.

3. The police after registration of FIR can arrest the lady.

So act accordingly.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1. It is strange that you have not yet reported the matter to Indian Police about her creating a fake face book account in your name and posted all defamatory and damaging material therein.

2. Hope you have already saved that face book page to be submitted as an evidence.

3. If you have not saved that face book page, wait for her t create another fake one in your name.

4. Collect audio recording of her such threats/admissions of creating such fake face book account in your name.

5. Lodge a police complaint before the cyber cell in India against your wife complaining about her opening a fake face book account in your name and posting defamatory matters therein.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

you can file a criminal case against her under section 66 D of the information technology act. this is punishable with imprisonment of three years and it is cognizable offence. making false facebook page and trying to impersonate is punishable under section 66 D

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Dear Concerned,

Without any further delay file a Criminal Complaint against your Ex wife to the Police / Cops of your location , also send a copy of the same to the Cyber Cell. Also send a copy of the complaint to Facebook mentioning your grievances - Facebook will delete the profile.

ALSO mention in your Original profile and send to all your connections that your EX wife is doing so n so hence anyone should refrain and should accept friend request or react to any messages as per their own conscience and you have no role to play in those messages.

After separation you are two different individuals and in such case interference in anyone's life in any way will lead to criminal charges.

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1. What your wife is doing falls within the mischief of section 66(D) of Information Technology Act and section 500 IPC i.e defamation. You can file a complaint case in the competent court in India against her for these offences, whereupon the court may take cognizance against her and issue her summons.

2. A suit for permanent injunction may also be filed by you against her in the competent civil court in India to stop her from defaming you further.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If your ex-wife's torture is beyond tolerance, you may gather the evidence and prefer a complaint against her with the cyber police in the place where she resides currently.

You can produce all documentary evidence of her mischief and acts done with malafide intention to defame your name, spoil your reputation and to harm and humiliate you and to insult you in public.

One the police summons her, she may realise her mistakes and may even apologise with you and request you to withdraw the police complaint.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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