• Ex-husband harassing me

After my divorce, my ex husband has been trying tarnish my image on social media and other wise. He has been harassing my friends by emailing them inappropriate allegations against me. I want to file a case against him for defaming my character. I got my Khula (divorce) legally from the Indian court with the custody of my child. 
He keeps accusing me of having an affair while i was married to him , however, this is just a way he is trying to defame my character. Moreover, he is putting up statuses and instagram post threatening me about this and that he will put up my call logs. He is using words such as Good for nothing, cheating wife and many more words. He also spoke about my father in an inappropriate way. 
i want to file a harassment case and also i want to know if i need to prove my self innocent of martial affair.
Can he take legal action back on me after i send him notice 
i have not replied to any of his threats 

More information 

Khula - 1 year ( Hyderabad)
I currently stay in Dubai and want to know if i can give the power of  attorney to my uncles to fight the case on my behalf 
He stays in India and got married after our divorce 
i have a 5 year old son 
Muslims.
Asked 9 months ago in Family Law from United Arab Emirates
Religion: Muslim
1) if your husband s defaming you in social media you can file complaint f criminal defamation against him under section 500 of IPC 

2) you can file complaint of criminal intimidation under section 506 of IPC 

3) you can also sue your husband for damages 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Court needs proof.  First collect proofs and then you can file police complaint for outraging modesty.  

I have not understood what is statuses and instagram post.  Elaborate it.  You said he using words such as Good for nothing, cheating wife, how he used, whether by telephone, emails, or which mode.  You can file police complaint under Sec. 509 of I.P.C.  The police will send a copy of your complaint to I.T. Department. You can also file defamation case under Criminal procedure and civil procedure.  In civil case you will get damages. In criminal defamation, he will get punishment. 

He cannot take legal action against you. 

Once you clarify my above doubts, I can tell you where you have to file the cases in India or Dubai.  I am extracting the relavant portion of Sec. 509 of IPC for your reference.  It is better to contact me through Kaanoon.com. Are you a citizen of India or Dubai. 

Section 509. Word, gesture or act intended to insult the modesty of a woman
Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, of that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, 1[shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.]
CLASSIFICATION OF OFFENCE
 Punishment—Simple imprisonment for 1 year, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the woman whom it was intended to insult or whose privacy was intruded upon with the permission of the court.
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
Hi 
Yes. you can give power of attorney to your uncle to fight the case on your behalf. 
however you will need to visit the court at the time of admission, evidence and during decree. (3 visits/4 visits . each visit of duration not more than 3 hours per visit).
You can also file a defamation suit and also report the matter to police under Information technology Act.
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
5.0 on 5.0
Hi
you can file a police complaint in the police station where he resides.
Get the facts written down an d send to your one of the relatives , let them visit the police station and file complaint.
police will take FIR under IT act and he will be fixed.Harassment via fake public profile on social networking site A fake profile of a person is created on a social networking site with the correct address, residential information or contact details but he/she is labelled as ‘prostitute’ or a person of ‘loose character’. This leads to harassment of the victim.Provisions Applicable:-  IT Act and Section 509 of the Indian Penal Code
Police will bring the case in court once the FIR is lodged. it is serious offence what he is harassing you after the divorce.
The evidence you have for his acts, vedeo, call records, facebook stuff and call details everything can be used against him to file the complaint.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
You can file a lawsuit for injunction against him to restrain him from defaming you. For the defamation which has already been done you can file a suit for compensation against him. You do not need to execute a POA in favour of anyone as you are not required to be in India for the filing of the case or at anytime during its hearing except for witness deposition.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. You can file a police complaint against him for harassing you and also defaming you in public by posting defamatory comments in social media,

2. If police fails or refuses to take any action against him, you can file a Writ Petition before the High Court against police for its inaction praying for relief,

3. You can execute a POA in favour of your Uncle for filing the above case/complaint and you shall have to notarise the said POA by the appropriate officer of your local Indian Consulate.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
He can file a petition for child custody against you in India if the issue has not been judicially determined. You cannot stop your son from talking to his father if he wants to talk to his father. Nobody has the right to defame.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Hi, 
Your husband once he had submitted to indian courts and granted child custody to you, he cannot seek custody of son under any law including sharia laws.
Your ex-husband has no right to defame you in any circumstances(when married/ after divorce).  You need to take the decision and file case against your ex- husband on defamation and criminal intimidation.
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
5.0 on 5.0
1) your husband can claim custody of son under Muslim personal law 

2) under Muslim personal law custody of son till age of 5 is with mother 

3) welfare of child is the paramount consideration 

4) you should not restrain your son from talking to his father 

5) your husband has no rights to defame you and ruin your reputation . You can file case of criminal defamation against your husband before local police station in Hyderabad . 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
If he can file a case against me on what bases should it be. 
==He cannot file divorce, he has no cause of action. But he can file for custody of child.  But before that you tell me where did your son taken birth.  In India or Dubai?
I am a uae citizen and he is an indian citizen 
==Where did your marraige performed. where did your son taken birth.  In India or Dubai?
Can he file a case for custody of my child in sharia law.
==Yes, he can file in India. 
Can i refrain our son from talking to his father since i have his custody 
==No you cannot refrain him from talking.  But if your son resists, he cannot speak. 
And once a divorce has taken place does he have any right to defame me on our past while we were married. 
==He cannot interfere into your personal life once he gets divorce has taken place.  
What should i do if he goes on with his actions
==I have already narrated you.  Kindly clarify me the above doubts, so that I can give you full opinion. 
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
1. You two have already been divorced. So, there is no scope for him to file any case against you based on any incidence which took place before your divorce. He can file a child custody case or case praying for visitation right,

2. He can file a child custody case based on sharia law even if you two are citizen of two different Countries,

3. No. You can not refrain his son from talking to him for no acceptable reason since your son is his son also. You might have had custody of your son but it is to be kept in mind that he is your ex-husband's son also who has equal right on your son with you,

4. No. He has no legal right to defame you now since you have no legal or social relationship with him any more,

5. You can lodge a police complaint against him being supported by evidence and if police refuses to act, you should file a Writ Petition against police for its inaction and praying for relief.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Hi, you can lodge a police complaint against your ex-husband you can also collect the document either in the internet or any other mode and submit the same to the police so that you could teach lesson to him.

Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
I currently stay in Dubai and want to know if i can give the power of  attorney to my uncles to fight the case on my behalf 
He stays in India and got married after our divorce 

After having mutually divorced you, he has got no business to meddle with you or your business anymore.  This interference itself can be considered as an illegal act or nuisance.
Moreover if he has uttered words defaming your reputation or tarnishing your image it can be be termed as defamation. You can very well file a case under section 499, 500, 503 etc. 
You can give a power of attorney deed in favor of or close relative to conduct the case on your behalf during your absence..
T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
5.0 on 5.0
If he can file a case against me on what bases should it be.
He has no reason to fie any case against you especially when your have not done anything that is harming him nor do you have any connection with him after divorce.  He has no valid reason to file any case against you.



I am a uae citizen and he is an indian citizen 
Can he file a case for custody of my child in sharia law.       
He can file child custody case as per Indian laws.




Can i refrain our son from talking to his father since i have his custody 
Yes, you can do so, he cannot force you to allow the same.  He has to approach court alone to enforce his desire.





And once a divorce has taken place does he have any right to defame me on our past while we were married. What should i do if he goes on with his actions

He has no rights to do so, if he does he can be bookd under criminal laws by making a complaint with the police or can file a defamation case as a private complaint with the judicial magistrate court. 
T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
5.0 on 5.0

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