Sex chatting and 498a
Profitek
(Querist) 22 June 2017
This query is : Resolved
I married on 2014. It was an arranged marriage. Since marriage we got no chance to get compatible becuase of the home sickness of my wife. She preferred to live majorly with her parents in Chandigarh while I live in Mumbai on job. Since marriage my wife was extremely careless about relations and having very low s*xual libido. She is always reluctant in making physical relation of any type with me. I didn't force her for anything though I was extremely frustrated at her attitude. Recently in the year 2016, I got mentally attracted to a new joinee in my office who is a 26 years old girl from Pune. We involved in a nice friendship which eventually lead to some erotic s*x chatting afterwards (max 05 to 06 occassions). We didn't engage in any sort of physical relationship ever. It was restricted purely to internet/phone. Recently my wife has come across those chat sessions while visiting my place by hacking my GMail account illegally. Wife has taken the snapshots of those chats in her mobile and filed false 498A, DV, 406, DP34, 125 etc several false cases against me and my whole family members. She is constantly blackmailing me for 80 Lakhs of rupees for withdrawal of cases which I can't afford. I was very scared and already deleted those chats from my email account and advised the other girl also to do so. My question is that: (1) Can she produce those snapshots as any sort of evidence in court as she has accessed a communication between 2nd and 3rd party without permission??? I have heard it comes under serious breach of right to privacy. If so, will court consider it as valid evidence? (2) Can she place those chats as evidence as already they have been deleted from the mail accounts, even from trash. I have also confirmed from Google that chats/emails are NOT stored in their servers IF DELETED from trash. (3) Hacking someone's computer/device without his knowledge is a theft. Moresoever it is a cybercrime under IT act. Can I sue her as IT act if she produces those snapshots as evidence?? (4) Can I get convicted for mental cruelty under 498A only on the basis of those snapshots? I have no physical relation with the other girl. I have never ever neglected my responsibilities to my wife. Rather she never ever carried his marital responsibilities. No dowry was taken in the marriage and no demand was ever placed before wife/her family. (5) Is there any possibility that I may be convicted by completely false 498A/DV cases only on the ground of occassional s*x chatting even if it is proved?? Does s*x chat come under the purview of mental cruelty as defined under 498A??? Kindly give your expert answer pointwise.
Rajendra K Goyal
(Expert) 22 June 2017
You said:
(1) Can she produce those snapshots as any sort of evidence in court as she has accessed a communication between 2nd and 3rd party without permission??? I have heard it comes under serious breach of right to privacy. If so, will court consider it as valid evidence?
Reply:
Depend on circumstances and her. These may be material evidences for the case and her lawyer may be able to justify her step, provided court is satisfied.
Rajendra K Goyal
(Expert) 22 June 2017
You said:
(2) Can she place those chats as evidence as already they have been deleted from the mail accounts, even from trash. I have also confirmed from Google that chats/emails are NOT stored in their servers IF DELETED from trash.
Reply:
You have mentioned she has taken snaps. She may proceed by following procedure rest depend on the court.
Rajendra K Goyal
(Expert) 22 June 2017
You said:
(3) Hacking someone's computer/device without his knowledge is a theft. More over it is a cybercrime under IT act. Can I sue her as IT act if she produces those snapshots as evidence??
Reply:
You have no concrete proofs of hacking till she produce the same in court. You have already deleted the mail
Even if she produce, it seems you would deny the existence of such chatting as you have deleted.
Rajendra K Goyal
(Expert) 22 June 2017
You said:
(4) Can I get convicted for mental cruelty under 498A only on the basis of those snapshots? I have no physical relation with the other girl. I have never ever neglected my responsibilities to my wife. Rather she never ever carried his marital responsibilities. No dowry was taken in the marriage and no demand was ever placed before wife/her family.
Reply:
You have to defend effectively for the charges against you. You have to prove above facts before court beyond doubt.
Advocate Suneel Moudgil
(Expert) 22 June 2017
Q1 - Yes, An evidence is admissible even if it is obtained illegally
Q2 - if produced police can get it from google,
Q3 - Yes, hacking is a cyber crime but if you charge her of hacking you are going to prove those snapshots
Q4 - Yes, you can get convicted but its a matter of proving, you should defend your case properly and powerfully.
Q5- yes, sex chat by spouse with someone else is mental cruelty
and remember even that girl, with whom you done sex chat, can make complaint against you, better to avoid such chats.
however, based on your query i advise you to consult one prudent lawyer personally with complete documents and get proper advise.
for further info you can call/mail me
Kumar Doab
(Expert) 23 June 2017
Evidence even if obtain illegally is evidence.
Dr J C Vashista
(Expert) 23 June 2017
Be brief to seek some help, otherwise consult a local lawyer.
Kumar Doab
(Expert) 23 June 2017
It is felt that you should in any case consult a very able local senior counsel of unshakable repute and integrity specializing in Family matters.
