• Help regarding divorce case

Hello sir...i m neha..i had divorce wid my husband due to my affair wid his frnd. but divorce was mutual. he got my whatsaap msgs but divorce was mutual....the guy whom wid i was having affair got married wid someone else..i left alone...but he come back to me...nd statrt talking to me...and his wife also didnt love him ansd use to disgrace his famliy ..so decide to live away frm her...now she started to blame me for al this..and she come to my relatives to disgrace me...i got tempered and called her but she cut my fn injust 2 min...i whatsapp her as a guy but she blocked me...call was single and msg were also once....then after a long time she put comlaint on me about harrasing and threatning call....then i said i dnt knw who msg frm my mobile as i m a lecturer in engg college...i said i didnt do it...some one else could have done it.....now she lodge a complaint on her husband in women cell..and she is saying along with ACP that they will put an FIR on me......now pls tell me what should i do...
1)i wanted to know that for how many long my msgs and call can be traced from cyber cell as i have 5 to 10 calls on boy's number..else we used to call on other numbr which was of his ID but in my phone..as my moblie is dual sim.....
2) secong thing i wanted to know that waht case can b put on me about her one call and one tym msg that of just were,.............hiii..m mukul......i want to be ur frnd..... dats it......
3) what should i do if any case can be fired n me.....



pls help me sir ,,,
regards
neha
Asked 2 years ago in Family Law from Delhi, Delhi
Religion: Hindu
1) in case any complaint is filed against you contest it on merits 

2) in your defence you  can mention that lady had in presence  of your relatives shouted at you and as result sent her the message only once in fit of anger 

3) you had no intention to hurt her feelings and tender unconditional apology 

4) police can trace phone calls . can summon records from service provider of calls made by you to your lover 

5) lady may file complaint of criminal intimidation against you under section 503 of IPC
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
Hello,
1) You don't need to be worried much about complaints that year not been made. You need to deal with them as they occur. You may need assistance of a lawyer.
2) With the help of the service providers all your calls can be traced regardless of how old and which provider it is.
3) She can come a case of criminal intimidation and a complaint regarding your deliberate attempt to ruin her mayoral life.
4) It she goes ahead with complaints get assistance from a lawyer to deal with the situation.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. I do not think any of acts befits the person of your stature, It lacks any reasoning of maturity to say the least.
2. Now the good news, you have nothing to worry. No case lies against you nor you can be implicated in 498A case or in domestic violence.
3. Even if any case is filed against you the same is likely to bereft of any merit and you should not find any difficulty to contest it.
4. Be careful in indulging in any reckless act in future.
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
4.9 on 5.0
1. If and when FIR for criminal intimidation and under other sections is lodged against you, you should obtain anticipatory bail from the court to preempt your arrest.

2. Service provider retains the call records, but the actual conversation is not recorded except on binding obligation of law imposed on it. 

3. You represented yourself as a guy and sent a message to this woman. At the most, a complaint of stalking may be lodged against you. 

4. In future you should stay away from the guy you loved and his wife.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
I doubt any crime can be attributed to you . Nevertheless if something comes up contest it on merit with the help of a lawyer.
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
5.0 on 5.0
You are an educated women .Wrong always a wrong which done by any way. Sending a message is not a crime. But the content in the message is an important thing to check whether you had committed a crime or not? If you committed a crime, its punishment is small. Imprisonment for 2 years, or fine, or both—Non-cognizable-Bailable—Triable by any Magistrate—Compoundable by the person intimidated

So no Need to worry too much but not to contact her again by phone.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1. The police can trace your messages even for a long time,

2. Do not take law casually and think that you can escape if you use boy's phones etc. If police want they can unearth the truth,

3. She can bring charge of criminal intimidation against you for which you shall have to take AB,

4. One serious probable outcome of the matter is being over looked. She can file a complaint of adultery against her husband for which he may be punished with jail term, if the charge is proved,

5. It may not be difficult for her to prove the said charge.

6. Take extreme care about confidentiality of your said longstanding illicit relationship.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1) whats app messages can be traced by cyber cell 

2)in case criminal intimidation case is filed contest it on merits . punishable with imprisonment for up to 2 years or fine 

3) if police during course of investigations and after going through the call records find that you have threatened her action will be taken against you
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
1. whatsapp messages can be traced out on a warrant.

2. If you are held guilty by the court of the charge of criminal intimidation you may be imprisoned for a term up to 2 years, albeit you may file an appeal in a higher court.

3. If call records incriminate you in any manner then you can be arrested.

4. Apply for bail if and when a case is lodged so that you are not arrested.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. All messages recorded in computer or mobile phone can be retrieved,

2. It has to be checked what had you told her and depending on your such statement, the degree of your offence will be decided,

3. All call records can be retrieved whether from her telephone to your or from your telephone to her.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
content in the message is an important thing to check whether you had committed a crime or not? In this modern world it is easy to trace out / retrieved messages and phone calls,SMS..
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
whatsapp messages are traceable after few years because all messages are kept safe on the server. but cyber cell can't take any action against you unless any offence committed by you by using information technology sources. in your case no offence is made out from your given facts. sending friend request to pre known person is no offence. sending msg to him on facebook, twitter or whatsapp are never constitute criminal acts unless its lead to commit any offence.
Shivendra Pratap Singh
Advocate, Lucknow
2767 Answers
41 Consultations
4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
442 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2767 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0