Section under information technology act
Mohit
(Querist) 17 January 2019
This query is : Resolved
My wife is asking maintenance under sec 125 and at the same time when I got an offer from one of the IT company, she sent a mail to my new employer about the DV act and Sec 125 going on in Indian court and uploaded the court papers and asked not to give him this job. One side she is demanding money from me and at the same time she is sending mails to my new employers not to give job. As Section 66A is now not valid, which section I can go for in Indian law
Mohit
(Querist) 17 January 2019
which section I can go for in Indian law, as I want to file a case against my wife for sending such emails which not only results in obstruction in getting job but also ruin my image in IT market. So, wants to file defamation case against her
Adv Shailendra Deshpande
(Expert) 18 January 2019
No one can restrict you in getting any job unless it is legal. First of all have open conversation with your new employer and your reporting boss(s) and share the facts with them to avoid any misunderstanding in future. Secondly you can directly file an application in court for permanent injunction against your wife and restrain her from sending any defamatory and derogatory e-mails though Court's order. The case of Defamation can filed u/s 499 and 501 of IPC, but contact local and prudent lawyer before taking this step.
KISHAN DUTT KALASKAR
(Expert) 18 January 2019
Dear Sir,
You can appear before same Court where DV case and Section 125 proceedings are pending and file application before such Courts under Section 345 of Cr.P.C read with Section 193 to 196 of IPC since she is misusing the Court proceedings without specific orders passed by the Court.
Please mark “LIKE” if satisfied by my answer.
Dr J C Vashista
(Expert) 19 January 2019
I agree with expert Mr.Kishan Dutt, apply to the Trial Court for appropriate action/ necessary direction.
Mohit
(Querist) 21 January 2019
Hi Shailendra, Sorry to say but I am not convinced by your suggestion. Outside India, no employer will entertain you in case spouse send mail or call employer for the cancellation of the employment as its not easy to for overseas companies to find out what exactly is the matter and to know this the company has to give lot of money to the solicitors fir the enquiry.
Vijay Raj Mahajan
(Expert) 21 January 2019
Now here the question arises how your wife got details of the new job offer and company details, if she hacked your computer system for getting the information, if that is the case, the provision of section 66 of the IT Act still available to you for her prosecution. Section 66A IT Act is no more in existence but section 66 will cover your case.
Mohit
(Querist) 21 January 2019
@Vijay Raj Mahajan - She has not hacked my computer. But for taking permission to travel to UK, I submitted the offer letter in the court and she took the copy of that from the court. After that she sent mail and made calls to the employer.
Martin S.
(Expert) 22 January 2019
All this is simply waste of time, you dont even have proper lawyer and you want to file new cases on wife when yourself not gotten out of present case filed by wife.
You take mutual divorce and finish the matter. These type of woman you cant fix. They will be a trouble lifelong if marriage is not ended by divorce.
If you are able bodied which so appears, you are bound to pay wife some alimony, this will be there till she remarries.
Apart from that its waste to fight alimony case, better raise loan if you dont have money and take mutual divorce by giving 1 time alimony in court.
Regarding she doing tom tom to people and company people, nothing much can be done, and court wont punish her for this, it will be extra burden for you to prove all that. She will simply say she did not send, you dont know how tough it is to prove anything in court. IT Act is not strong in India. Another 20 years later things might get savvy and IT act might come in force fully.
In my opinion you are just wasting your time and experts time.
Mohit
(Querist) 22 January 2019
@Martin- It seems that you are not aware about Indian Cyber Laws. Are you a lawyer? Please don't answer in future to queries related to Matrimony cases as you can only demotivate people and nothing else. Just see the response from other lawyers on my query, very helpful. Sorry to say but please keep yourself away from such groups where you cannot help people who are in need of suggestions. Actually you have wasted my time in reading such useless response. Now I don't need any help where such lawyers exists. Thanks anyway.
