• Divorce

Sir, I don't want to disclose my name. I'm an working women in govt firm as group b officer n I'm earning around 40 k per month.  I married a man  a year back.  He was an handicap.he met with an accident and lost his right hand elbow. There was lack of sexual interest in him , if I question regarding it he used to say like after accident I stopped thinking of this thinking like who will marry me. We had sexual intercourse twice in past 8 months. even i don't know weather he did it properly or wat, first four to five times he tried n he was not able to do it. I told him let's go to doctor and discuss about our problem, but used to ignore me. later he started saying like u  ve problem not me , later he used to fight with me a lot for all silly thing's, he and his mom started touchering me n my family for all silly house hold issues. He n his mom used to call my parents in odd times n used to quarrel with them saying u ve not thought her any thing.and they used to insult me n my parents a lot. his mom used to peep in all my personal issues n was trying to control everything, even my father in-law was insisting to quit my job n carry-on with household work.
  Between all this one of my old friend came in contact with me. He stays in America.i used to share my house hold dramas with him, later it turned to physical attraction, we exchanged few intimate photographs. This all happened in one month span. My hubby checked my laptop in my absence n has checked my chat . He asked me to give divorce n with no second thought I agreed for divorce without claiming any compensation n maintenance. even after he as sent all of my intimate snaps to my few co workers,friends , classmates and my bro friends n family members. And also he comes to my office n threatens me to leave the city or else he will put it on internet. If I say I will commit suicide if u toucher me, he says u do it, I'm scared now, wat action can I take against him for his act. He can I protect myself
Asked 16 days ago in Family Law from Gudalur, Tamil Nadu
Religion: Hindu
1) you can file police complaint against your husband under section 66E , 67A of   IT act for posting your intimate snaps to your colleagues , family members 

2) Section 67 and 67A of the IT act prohibit the publication and distribution of obscene and sexually explicit material respectively, 

3) Section 66E of the same act 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
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
5.0 on 5.0
1. Have you filed the MCD petition? If not, ask him and file the jointly signed MCD petition to get the divorce within 6 & 1/2 months from the date of its filing.

2. Inform him that you will report the matter to the police if he further acts criminally.

3. If he continues, file a complaint u/s498A of IPC alleging dowry harassment against him and his mother.

4. Also file a DV case against him and his parents.

5. He will become tired of running to lawyer to defend him and his family members and approach you for a settlement when you seek the divorce if he has not yet agreed to sign the MCD petition.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. There is no doubt that he has acted criminally by sending your personal photographs to outsiders.

2. He can seek divorce from you for your said act but can not act the way he has acted.

3. File the complaint/case as suggested in my earlier letter. 
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Since your grievance is that your husband has harmed your reputation by sharing with your colleagues and others the intimate snaps you may file a suit for permanent injunction against him to restrain him from damaging your reputation any further. 

2. If he goes to court he may obtain a decree of dissolution of marriage on the ground of adultery as he has evidence of your adultery. In civil law to prove adultery you do not have to prove that sexual intercourse actually took place.

3. Part ways amicably through mutual consent divorce.
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
5.0 on 5.0
1) you did not ha e any physical relationship with your friend 

2) no case of adultery is made out 

3) even if you had physical relationship case could have been filed only against your  boy friend only 
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
5.0 on 5.0
1. It is a borderline case and can not been called an adultery yet.

2. For alleging adulterous relationship, establishment of physical relationship is required.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
This all happened in one month span. My hubby checked my laptop in my absence n has checked my chat . He asked me to give divorce n with no second thought I agreed for divorce without claiming any compensation n maintenance. even after he as sent all of my intimate snaps to my few co workers,friends , classmates and my bro friends n family members. And also he comes to my office n threatens me to leave the city or else he will put it on internet. If I say I will commit suicide if u toucher me, he says u do it, I'm scared now, wat action can I take against him for his act. He can I protect myself

Since you have decided to dissolve the marriage between you and him, you may advise him to refrain from indulging into such undesirable activities from immediate forthwith.
You can initiate mutual consent divorce case from your side and ask him to sign the papers so that the marriage is dissolved peacefully through a court o f law,
If he is still insisting  on his tortures, warn him that you will lodge a complaint agaisnt him with the cyber police and also book him as well as his mother under domestic violence case and also under 498a for cruelties meted out to you. 
He has got no rights to trouble or torture you nor can black mail you on this count.
If he is not ready for mutual consent divorce, you can file a contested divorce on the grounds of his impotency. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
I honestly agreed my fault. N d reason behind all this act his him

He cannot interfere in your personal habits, it is invasion of your privacy. 
If he does not wants to continue the marital relationship due to this he can very well initiate divorce proceedings to get legally separated from you. 
You can warn him about the legal action that you would initiate against him if he is still continuing to torture you. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
I  ve not been physical relationship with him. we ve chatting n ve Exchanged intimate snap's, can he file adultery case against me ?…

This canot be considered as adultery or adulterous life.

He has to prove it and moreover he cannot initiate any legal action agaisnt you for this except he can sue the person who has engaged in adulterous life with his wife. 
Since you have not done any act of adultery you can be rest assured of it. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0