• Blackmailing on DV and DP ground by wife

I got married in 2010 as per HMA and in a central govt. service. My wife is in IT sector and developed an affair with a workplace colleague (her ex boyfriend) since past three years and continuously pressing me for divorce. One and half year ago she illegally accessed my Yahoo mail account from her own smartphone sitting in a different city (i have known later on by checking IP logins) by hacking with my password and found two Yahoo Mail chats (containing some romantic bent) with one of my distant friend. My friend is an unmarried girl and stays abroad. We never meet each other as she works abroad. It was just a casual fling that developed for a moment but didn't proceed any further. My wife took the photograph of the chat and now blackmailing me of filing 498A and DV case on the basis of the photograph of the chat (she is saying it was a mental cruelty to her for which she is entitled to get divorce). She is blackmailing me for giving unconditional agreement on MCD. She has no other evidence with her regarding my relationship with my distant friend. I have never tortured my wife at any time till date on any dowry/non-dowry issue. I really care for her. My parents do not live with us.

(1) Can mere adult chatting without the knowledge of the spouse be regarded as a mental torture as per law and can attract 498A/DV and punishable in the absence of any other proof of torture/violence of any kind?

(2) I have already changed the password of my mail account, deleted the chat from my mail and trash also. I asked my friend to do the same also to be safe. Myself and my friend never met each other in this period. Can those chats be retrieved by my wife by summoning yahoo/service provider persons in court after long 1.5 years???? Does the service provider store all chats and mails?

(3) I want to know whether the only photograph of the chat message is sufficient to take any legal action against me?

(4) Is there any case possible against my unmarried friend by my wife?

(5) Can my wife summon my friend to court in the divorce case??

(6) Can my wife make that girl as a co-respondent in DV/divorce case with me?? I dont want that girl to be unnecessarily in trouble as she is unmarried. Can my friend refuse to accept the summon in this case? What will happen if she does not appear?

(7) Will this photograph of chat be accepted as an evidence as per act because it has been collected by hacking my password illegally without my knowledge and consent??

(8) Can I press cyber crime and right to privacy act violation against my wife for illegally accessing my Mail account if she produces it as evidence?

Suggest what should I do now to immune myself.
Asked 9 months ago in Family Law from Gurgaon, Haryana
Religion: Hindu
1. Forget adult chatting. Even absence of it does not deter a wife to lodge complaint u/s 498A IPC though such cases are hardly proved.
2. Yes. You seem to be panicking on those chatting. These are no considerations as even on tricvial issues als 498A cases are filed.
3. same as above.
4.No
5.Yes
6.Yes if she files divorce suit on adultery ground.
7. yes
8. To unearth truth hacking is no offence.

Both of you seem to be two sides of the same coin. Hence resolve dispute amicably and go for mutual divorce on convenient terms.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) chatting would not atarct DVor 498A 

2) you never met the girl just   chatted with her . 

3) service provider would not store chats for 1.5 years 

4) mere photograph  of chat messages  is not sufficient 

5)your friend cannot be made a co respondent in  DV  case .

6) if you had physical relationship with lady then she could have been made co respondent in divorce case 

7) you should object to admissibility of chat messages as your passwords had been hacked by your wife . 

8) you can file complaint against your wife for hacking your password 

9) Section 66C makes it an offence to “fraudulently or dishonestly” make use of the electronic signature, password or other unique identification feature of any person. Similarly, section 66D makes it an offence to “cheat by personation” ] by means of any ‘communication device’] or 'computer resource'
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
no adultery case is maintainable . you never had physical relationship with the girl 
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
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Hi, based on the photograph of the email chat she can't do anything and she may file a police complaint under section 498/a IPC but it is difficult to prove her case.


2. Don't worry, if she filed any case under DV act or 498/a you can contest the case on merits.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Chatting with your girl friend  can not be a ground for filing 498A complaint or DV case. Her thrats are unfounded. Moreover, you can file a police complaint against her for hacking your password since hacking other's password, even if he is the husband, is an offence as per IT Act,

2. Court will not ask Yahoo to submit the said record. Moreover, Indian court has no jurisdiction on Yahoo to pass such order/direction,

3. No. Only divorce case can be filed showing the chat record accusing extramarital relationship which can be contested fittingly by you. The moment she files the said chat record under affidavit, she will be liable to be prosecuted under I.T Act for hacking your password and illegally entering in to your email account,

4. No such case will stand on your GF on its merit,

5. Wife has no authority to summon any body since it is the power of the Court and Court will not summon your GF on your wife's allegation of affair based on the chat record only,

6. DV case is filed against the family members who committed domestic violence and divorce case is filed against husband/wife and not against any other person,

7.Illegally collected document can not be accepted as evidence by the Court,

8. Yes, as suggested above you can file complaint under I.T Act for her said cyber crime. 
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. Unless the actual content of romantic bent is perused it is difficult to form an opinion. However, if it points towards adultery then your wife can apply for divorce as it does amount to cruelty. 

2. The chat can be retrieved by the domain only on the orders of the court.

3. A photograph can be the basis of a judicial finding by the court but you will get the opportunity to contest it on summons.

4. Your friend can also be summoned to the court. If she does not honour the summons then coercive process, depending on the nature of relief sought by your wife, may issue from the court.

5. Whether it will be accepted or not is a hypothetical question that none can answer. Just contest it is all that I can say. 

6. No violation of cyber crime law is occasioned if your wife accessed your email to unearth evidence of your adultery. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
(1) Can mere adult chatting without the knowledge of the spouse be regarded as a mental torture as per law and can attract 498A/DV and punishable in the absence of any other proof of torture/violence of any kind?

This evidence in her possession will not constitute for commission of offences under dowry prohibition act or cruelties or domestic violence act. She is having nil knowledge about law and she is acting on the tip off based on the hearsay information alone but painting it a legal color.




(2) I have already changed the password of my mail account, deleted the chat from my mail and trash also. I asked my friend to do the same also to be safe. Myself and my friend never met each other in this period. Can those chats be retrieved by my wife by summoning yahoo/service provider persons in court after long 1.5 years???? Does the service provider store all chats and mails?

Service provider do not entertain individual's request to provide such details and moreover they may not preserve the details after a year or so. Further, even if she gets the details they are not admissible as evidence in law. Also, the chats will not constitute for adultery or any offence.  Chats between two individuals or more cannot be defined as an offence under any law.




(3) I want to know whether the only photograph of the chat message is sufficient to take any legal action against me?
This evidence in her possession is not admissible in law or facts.Her case based on such flimsy and vague reasons will be rejected by court. 





(4) Is there any case possible against my unmarried friend by my wife?

NO



(5) Can my wife summon my friend to court in the divorce case??

NO




(6) Can my wife make that girl as a co-respondent in DV/divorce case with me?? I dont want that girl to be unnecessarily in trouble as she is unmarried. Can my friend refuse to accept the summon in this case? What will happen if she does not appear?

She can make her co-respondent only if she provides valid proof for adultery,  Mere chatting or holding somebody's photograph will not constitute adultery, the court may not entertain the case itself. 
Moreover from where will your wife get her address?





(7) Will this photograph of chat be accepted as an evidence as per act because it has been collected by hacking my password illegally without my knowledge and consent??

You may repeat this question in any form but the answer is simple NO, i.e., this is not an admissible evidence as per law. and also this will not constitute grounds for adultery.





(8) Can I press cyber crime and right to privacy act violation against my wife for illegally accessing my Mail account if she produces it as evidence?
The burden of proof will lie on her hence first of all allow her to do the mistake and then think of contemplating any legal action against her accordingly.

T Kalaiselvan
Advocate, Vellore
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