• Marriage called off

Hello Sir, Im from middle class family. Im 28 years, because of settlement in life i delayed in getting married. In last week of Jan'14 my brother in law brought a marrige proposal, She was his close friends daughter. I said Okay as she projected herself very spiritual. Everyone in our families were pretty happy & okay to proceed further. Her father is an contractor was having some financial problems & at the same time it was Lent seasons so it got delayed till June work so we couldnt move further.

During these time we were talking & messaging on phone to know eachother as i stay in bangalore & she staying in hyderabad,Even couple of times met outside. She sounded very immatured & i was thinking that everythng will be okay after marriage. We even had fight couple of times as she was just going out without telling,not opting the office given cabs,kind of words she uses (my family think that im happy,i cant tell my family to call off this proposal....etc ) I have set proper expectation that if she is not ready to say me but she always used to say whatever/however i have to marry someone right, so let it go. I felt bad about this informed at home about this, and made my sister to ask there parents. She dint even say that time also instead she said nothng like. Im fine with this proposal. She continue using these sort of words which made me to feel again that she waz jst forced to married, When i asked she dint address properly. I thought its because of immaturity .There are almost 20-25 situations couldnt mention here which made me feel that she is not ready but everytime she was telling " i want to come bangalore " Just a note, we dint ask any dowry as i strongly feel its against the christianity.

Finally in Mid june we got enageged. After a week i took her credentials to upload pics in Facebook. This is when i got to know in details about her past affairs(2-3). I was shocked to see that i immediately called her to check, she dint ans anything simultaneously she loged into the facebook & deleted the chat (Conversation). Luckily i copied some content & sent her to explain, only then she told that it was nothng much to do now. But i clearly saw that conversation was started in 2012 & continued till 2014. One thing which i felt bad was she told her boyfriend that sh will continue even after marrige...And i also saw a message telling her friend "that she forcefully accepted this marrige ". After knowng all these, i clearly told her that we need to discuss all this infront of our families to proceed further, she hesitated to do that and said that she will die. I got scared and called her mom,Sister to check her condition. At the same time told my sisters, brother in law. My brother in law called her father to meet. They dint turn up for the meet. After knowing all these i dont think i will be happy with this girl.. So told my parents to calloff the marriage..

After 1-2 days i tried to check her mail id and was able to crack the password. When brother in laws called couple of times, we havnt received any sort of response. Got call sayng that he will file a criminal case for accessing the mail. Now my question is- How can i proceed & what are the consquences i may have to face.Pls suggest.
Asked 2 years ago in Family Law from Hyderabad, Andhra Pradesh
Religion: Christian
1) since your marriage has been called off return all presents etc received at the time of engagement . also offer to bear the expenses incurred by your ex fiancee parents fopr the marriage . 

2) as far as hacking her email id is concerned please note it is an offence under Section 66 of IT act

 66. Hacking with Computer System. –

(1) Whoever with the intent of cause or knowing that is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, commits hacking.

(2) Whoever commits hacking shall be punished with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
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Accessing someone's email ID without his or her consent is violation of privacy and part of crime under INFORMATION TECHNOLOGY ACT, 2000. 

Section 66 says: Hacking with computer system.
(1) Whoever with the intent to cause or knowing that he is likely to cause wrongful
loss or damage to the public or any person destroys or deletes or alters any information
residing in a computer resource or diminishes its value or utility or affects it injuriously by
any means, commits hack:
(2) Whoever commits hacking shall be punished with imprisonment up to three years,
or with fine which may extend upto two lakh rupees, or with both.
Deepak Tiwari
Advocate, New Delhi
40 Answers
8 Consultations
4.7 on 5.0
IN your original query you had mentioned that you had cracked her password . if you had hacked her password it is an offence under IT act but bailable . 

if your ex fiancee  had given you her passwords for her email id and you had accessed  her emails with her consent it would not fall within ambit of Section 66 of IT act
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
It looks she consented for it. However, even then you cannot use the info to disgrace her or malign her dignity. So if she feels you used the accessed data for the purposes other than she gave her consent for, she can proceed for legal action.
Deepak Tiwari
Advocate, New Delhi
40 Answers
8 Consultations
4.7 on 5.0
You may then defend yourself that it was not hacked as she consented and gave her id to access her mails but that may not be so easy to prove as she would definitely  deny about giving her consent but she has to prove her case to succeed.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
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Dear Querist
as per your information as you are not willing to do this marriage then said to her and her parents regarding your wish and reason if possible and break the engagement but before this you should send information cum complaint to higher authorities as Coomissioner of Police/SSP, NCW, NHRC..... regarding the record only and not to take any legal action.
after that you can do that.

the concerned regarding your email hacking you may be prosecuted u/s 66A of It Act and its a cyber crime if you hack her email ID without her consent.
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
4.9 on 5.0
Hi,
if in case of an arrest  in this matter the charge will be non bailable, so it is better to try for anticipatory bail if you apprehend the FIR and arrest.
 There is no point in pondering  on what action next as the FIR or charges will be based on accessing to the mail and whether it is with consent or without will not be asked now, the FIR will be based n the complaint and the evidence is that it was accessed. So if you think they are planning to proceed , engage an advocate, check with the  cyber cell  to find out any cyber complaint has been lodged.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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In this case you can file a  petition that she has cheated you with the evidence and to put off you from the marriage and claim damages. File a criminal case for cheating against her and her family before they try to take action give a petition to track all her network details
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
it is saying that offence is best way of defence. better you file case for against her & family. this will also help in defending if she file any case afteward
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
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Hi, it is better you can called off marriage as the marriage is in initial stage and only engagement........ it is better you can called off your marriage and if she file any complaint then you better file an anticipatory bail.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hello,
What you can do is to try finding out what is the nature of the complaint they have filed.If IT section 66 isinolved based on the complaint it would be difficult for you to prove you have not hacked into the email account.
It is advisable although you have valid reasons for calling off the marriage to initiate a dialogue with the girl's family and sort things out.This can involve offering to reimburse any expenses they have incurred for the engagement.The fact that you are calling off the marriage and the access to the facebook account are both incriminating .Engage a lawyer locally so that you can get get ready guidance and help if you need to apply for bail in case of arrest.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
1. You have committed a punishable offence by cracking her password as you mentioned in your original query,

2. Since you could hack in to her email by cracking her password, it seems that you are acquainted with Computer and internet and for that you must already be aware that it will not be difficult for the cyber sell of local police to detect whether you have hacked in to her email by cracking her password or just entered into her email with the password purportedly given by her,

3. I suggest you to try to settle the matter amicably.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
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