• Blackmail by boyfriend

I and my wife are divorced. She was having extramarital affair with a colleague of hers and subsequently we got divorced mutually.
That other guy promised her marriage but now refusing to do so. As they are colleague it has created a big stir in her workplace and the guy is in pressure to marry her. The guy has now resort to violence. He has beat her(cant prove it).Now the situation is:
1. The guy do not want to marry her.
2. The guy is blackmailing her that he has some video of them which he will leak on the internet.
My question is what she can do in this situation? If the guy really has some video, it will be a life long scar for her.What can she do.
3.She is muslim, the guy is hindu
Asked 2 months ago in Family Law from Kolkata, West Bengal
Religion: Muslim
your ex wife can file case of rape against her boy friend  . she had sex with him under promise of marriage 

2) your ex wife can file police complaint against her boy friend if he threatens to leak video on internet

3) section 67 and 67A of the IT act prohibit the publication and distribution of obscene and sexually explicit material respectively,. Section 66E t deal with punishment for violation of privacy, and explicitly forbids capturing, publishing or transmitting ‘the image of a private area of any person without his or her consent’

4) she can also move court and obtain injunction against her ex boy friend 
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
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1) she is not your legally wedded wife 

2) no case of adultery is maintainable against boy friend under section 497 of IPC
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
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1. You have no cause of action to prosecute him under section 497 IPC after dissolution of your marriage.

2. Your ex wife can file a complaint of criminal intimidation against him under 506 IPC
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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What is your consent about the threat and dire  situation she is facing from her adulterer boy friend.
In fact you had divorced her for her her adulterous nature of living, now what is the sudden interest you have developed on your ex-wife.
It is a situation that she has to manage.involving the leakage of her privacy through the internet by giving a complaint with cyber crime police agaisnt him and also for his black mails in this regard. 
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
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Thank you sir for your answer. Additionally, can I take any action against him under section 497?Though I am not married to her anymore, I will always be concerned about her welfare and ready to help if anything is possible from my side.

Since you are no more her husband you have no locus standi or any right to initiate any legal action agaisnt him for adultery because sh is not your wife anymore. 
You can help her externally if she seeks any help from you but you cannot involve yourself in any legal action against him when you are not personally offended. 
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
1. She can not force him legally to marry her since if he had promised to marry her during the pendency of your marriage then such contract is illegal and invalid since during the pendency of her marriage, she can not enter in to any contract with the other person for marriage.

2. Example: Two thieves entered in to a contract that both will distribute the booty equally amongst them after the loot and later on one refuses to part with equal share and gives only 10% of the looted amount. The contract is invalid since looting is illegal.

3. in this case also, running extramarital relationship is illegal for which she can not force him to keep his word (verbal contract) to marry her.

4. She can lodge a police complaint against him alleging that he is blackmailing her with the said video for which police is supposed to take action.

5. However, such police case is strongly advised against since it may back fire and police may take advantage of her embarrassing  position if  some thing objectionable are found in the said Video.

6. Ask her to just forget him and live her own life peacefully.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
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1. You are not married to her any more and have no locus standi in her matters.

2. You have no role to play in her matter being third party.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0

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