Fake facebook account of wife by husband
Law Querier
(Querist) 05 May 2013
This query is : Resolved
Wife from Canada has filed a divorce case under section 13 (1) (ia) in India by giving Power of attorney to her father. Husband doesn’t want to divorce. The stages of the case (1.enter the petition by POA ,2.Reply by opponent,3.evidence by POA of petitioner,4.evidneces by opponent,5.Cross-examination of POA holder of Petitioner,6. Cross examination of opponent) are already completed. Now, Husband has made fake facebook account on his wife name. He has put only normal photos of his wife and gives only details about her family members. Wife’s father has filed complaint in DCB Crime Branch about Cyber Crime. I am from Husband side. Can I know what is the punishment for making fake facebook account? Under which sections/law is it Crime? Husband has not any wrong intense for this and don’t know about the Cyber law. What should husband do in this case? How can this action of husband make harmful to him? Please reply.
Advocate M.Bhadra
(Expert) 05 May 2013
Best option is mutual consent divorce or not to contest the suit which is filed by wife.Defend the cyber crime case.
ajay sethi
(Expert) 05 May 2013
husband should arrive at amicable settlement with wife . agree for divorce by mutual consent . in consent terms mention that wife shall with draw complaint made with cyber cell and other cases if any .
Advocate M.Bhadra
(Expert) 05 May 2013
INFORMATION TECHNOLOGY ACT
Sec.65 Tampering with computer source documents.
Whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.
Explanation. - For the purposes of this section, "computer source code" means the listing of programmes, computer commands, design and layout and programme analysis of
Sec.66 Hacking with computer system.
Whoever with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, commits hack:
Whoever commits hacking shall be punished with imprisonment up to three years, or with fine which may extend upto two lakh rupees, or with both.
Sec.67 Publishing of information which is obscene in electronic form.
Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to one lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to ten years and also with fine which may extend to two lakh rupees.
ajay sethi
(Expert) 05 May 2013
wife can complain to face book authorities by using option report abuse .facebook will take action against the husband .it is case of identity theft
impersonating another or assuming a false identity and acting in such an assumed character to obtain a benefit or to injure or defraud another is a crime.
it would damage her image , standing and reputation if false comments and assertions are made
R.K Nanda
(Expert) 05 May 2013
agree with experts.
Law Querier
(Querist) 05 May 2013
Here I am mentioning again that Husband has not post any wrong photos of his wife and not using any wrong words in her profile. He has only made her fake profile and give her family members details only.HE has done this action only for compromising means good intense.Is there any possibility of punishment under section 65,66 of 67 of Information technology act?
Nadeem Qureshi
(Expert) 06 May 2013
Contact a lawyer personally with all documents
Devajyoti Barman
(Expert) 06 May 2013
Thus incident comes within the purview of criminal impersonation.
Law Querier
(Querist) 06 May 2013
In DCB crime branch police station, Wife's father had pressurized to Husband to give divorce by mutual consent otherwise He will proceed further against Husband under Cyber Crime Law. The police staff also pressurized husband to give divorce by mutual consent.(No evidence for this. This happened only by communication).
ajay sethi
(Expert) 06 May 2013
why dont you divorce your wife ? when your wife does not want to stay with you why refuse divorce . both of you will not be able to get married again without divorce . it will go on for years
Devajyoti Barman
(Expert) 06 May 2013
Against any pressure one can go to court to file case of criminal intimidation.
prabhakar singh
(Expert) 06 May 2013
Why should you be given liberty to impersonate?
Face book can take action.
Also the person affected.
I would not call her your wife or you her husband.
Dr J C Vashista
(Expert) 11 May 2013
Mutual consented divorce is the only and best solution
