• My wife got my call details from somewhere and now blackmailing me

Hello, I am heading for divorce under Muslim law and my wife is living with her parents for 6 months. Last week she got my call details of the last 4 months and now threatening me to claim that I have an affair with my colleagues and another woman who are working together, which is not true. 
My questions
1. How can I make legal steps towards telephone company or my wife for getting such call details without police FIR or court order? 
2. Her relatives are in the police and I doubt that they helped her get such details. How can I approach to make a case against the theme?
3. I am going to send her a legal divorce notice in a week, that's why she did this and tried to blackmail me so that I will not give her divorce notice.
Asked 5 years ago in Family Law
Religion: Muslim

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19 Answers

1. Ypu can file a complaint against the telephone company and your wife for taking your call records without your consent but keep in mind that how will you prove in front of police that she have ypur call records as she will deny that she don't have any. 

2. Written complaint to the S.P. 

3. It will not have any loss on you. Go ahead with the notice. Even she proves that ypu had an affair than that would be only the ground for divorce as Adultry is decriminalized now.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. You cannot take any legal steps against the telephone company because generally the service provider do not furnish the call recordings to anyone who may request them.

They would furnish the same if available only to court or to police.

Hence you first ascertain that if at all she has the call recordings and it is a fact or false information.

Further, she cannot do anything with the call recordings or even if you really have an affair with any other woman outside your marriage.

It is not a criminal offence, hence she cannot take any lgal action against you even if you really are in a relationship with any other woman other than your spouse.

2. You just ignore it, you cannot take any legal action against anyone for this because no one will accept that they have helped her, moreover this is not going to harm you in any manner.

3. You can very well issue a legal notice but befor that ascertain if she is really possessing the so called call recordings, and have you heard it?

Without confirming the facts do not venture into any such legal acts, it may backfire and you will land up in more trouble.

 

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

Thats more than sufficient,  go ahead with filing a police complaint. Get it written from a lawyer. 

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Phone tapping Or call history without your consent or courts permission violates your fundamental rights. Unauthorised tapping is punishable under the telegraph act. Yes of course u can sue them for damages as well. If you have a doubt regarding the tapping, file an FIR before jurisdictional police station Detailed investigation can help you further.. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You should approach to Police Department to register the FIR against her. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Send a legal notice and if they do not respond then file a criminal complaint against the phone company.

Also file a breach of privacy case against her for illegally obtaining phone records.

Give her divorce and obtain decree. If the affair is false then file a defamation case against her also.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

That is sufficient to lodge a case against her.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. You need apply to DCP police and request for statement. 

2.you can approach the superior police officers with complaint or approach the Court

3. You can contest on merits let her do anything

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Issue legal notice to service providers on what basis your call details have been furnished without your consent 

 

also file police complaint against service provider and wife for infringement of your privacy 

 

you can divorce your wife as per Muslim personal law by issuing her 3 consecutive monthly divorce notices 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

Respected sir...

  1. You need not to worry at the initial stage because having it doesn't matter if she claims that you were having an affair then she have to put that in court then court itself take suo Moto...how these details were provided to her 
  2. If you have any Recording or evidence that she is having call details then you can shu the telecom company they will tell itself..
  3. If you have make your mind clear then go ahead with your descision....
  4. Is she have sent you that then just file a case making her and telicome company party and claim from where did she get these records ...

 

Thank the

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

1. First, you have to collect evidence to prove that your call details have been furnished by the telecom company. Then only the cause of action will be born in your hands to sue the company.

2. FIR cannot be lodged on the basis of mere suspicion that call details have been provided by the telecom company.

3. You are free to divorce her according to Shariah law,.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You have only one remedy in present scenario is only go for contested divorce proceedings on the ground of cruelty. 

Black mailing is cruelty and evidence you have with you.

Call date records without your consent and you being not a Criminal or no antecedent against you. 

Good case for divorce on the ground of cruelty. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Threatening, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Querist

1. Without Police or Court Order, there is no Legal Steps except to issue a tice through your counsel/advocate and claim compensation for breach of privacy.

 

2. File a Complaint before police against them for their offence of threatening and blackmailing you based on that call records.

 

3. Don't Worry, Send a Divorce Notice as per Islamic Law and then wait and watch till the finalization of third Notice of Divorce. if they start legal fighting then be ready to fight the cases.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Hi, trapping the phone, it amounts to violation of personal information so you can lodge a police complaint against your wife.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

- As per law, Phone tapping/recording of calls without the permission of other party or a court order violates the fundamental right of a person , and under Section 5 (2) of the Indian Telegraph Act such act is not allowed and punishable.

- However, a police personnel allows to take record of calls and details of whatsup etc , with the approval of their higher officials or from the office of home secretary. 

1. Lodge a complaint against the service provider , and ask the ground for issuing the call recording to a public /woman. 

2. If her said police officials have taken approval from his higher officers , then you cannot take any legal action against him , hence before filing any complaint against her said relative , confirm form the service provider.

3. If you want to divorce her , then adopt the rules of Muslim law, otherwise you may trapped into the triple talaq offence. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Your call detail are obtained illegally. File FIR agasint the comapny and her, police will find from where she got the details and whoever provided her call details will loss job plus conviction.

Disclosure of information, knowingly and intentionally, without the consent of the person concerned and in breach of the lawful contract has been also made punishable with imprisonment for a term extending to three years and fine extending to Rs 5,00,000.

If police dose not register FIR, file complaint through court. She has done a mistake, evidence obtain by illegal means is admissible in evidence but at the same time such act is an offense.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

1. You can send a legal notice to your network provider for revieling your call details without your consent and claim damages.

2. You can send a complaint to SP of Anand mentioning undue influence by police department for getting your call details without any complaints against you. 

3. Send her notice for divorce and no need to get afraid if you doesn't have any affair with your colleague.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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