Is sexual chattings or emails - a legally offence?
Querist :
Anonymous
(Querist) 05 October 2011
This query is : Resolved
Is sexual or love making chattings and emails of that nature prior and after marriage is legally objectionable or not?
Will it be considered as mental harassment to the wife in the court of law?
Any judgements in this regard, Kindly quote the authority.
ajay sethi
(Expert) 05 October 2011
it is legally objectionable . in various countries court have held it is ground for divorce .
in belgium judges have held erotic online chat is ground for divorce
Thigpen v. Thigpen, 757 So.2d 482, 482 (Al. Ct. App. 2000)(spouse spent $1,100 on “porn and phone sex” on the Internet); Dee v. Dee, 2007 Ark. App. LEXIS 726 (Ark. App. 2007)(spouse placed Internet ads seeking sexual partners); John B. v. Superior Court of the State of California for the County of Los Angeles, 121 Cal.App.4th 1000, 1005, 18 Cal.Rptr.3d 48 (Cal. App. 2004)(spouse alleged that husband engaged in homosexual relationship over the Internet); Wagner v. Wagner, 2007 Conn. Super LEXIS 2201, *2 (Conn. Super. 2007)(spouse romantically involved with a man she met on the Internet); Riccitelli v. Riccitelli, 2004 Conn. Super. LEXIS 3074, *5 (spouse’s sexual relations with women he met on the Internet constituted abandonment); Desomma v. Desomma, 2004 Conn. Super. LEXIS 1401, *3 (spouse repeatedly met men on the Internet to arrange sexual liasons and was responsible for the breakdown of the marriage); Repasky v. Repasky, 2000 Mich. App. LEXIS 990, *18-*19 (Mich. App. 2000)(26 year marriage broken down by wife’s Internet relationship with another man); Slocum v. Slocum, 1997 Va. Cir. LEXIS 616 (Va. Cir. 1997)(marriage failed when wife met a man on Internet and moved to Alaska to join him).
prabhakar singh
(Expert) 05 October 2011
nothing more now you ned to know as Mr. Sethi has kept you known much above your digestive appetite.
R.Ramachandran
(Expert) 05 October 2011
Yes, I agree with Mr. Prabhakar, when he says that Mr. Sethi has kept you informed of the legal position more than adequately.
Sailesh Kumar Shah
(Expert) 05 October 2011
Shri Ajay Sethi has left no room to add further.
Querist :
Anonymous
(Querist) 06 October 2011
Ajay Sethi Sir,
Your reply shows that it is in other countries. What about in India?
Is it objectionable as per INDIAN LAW is concerned?
ajay sethi
(Expert) 06 October 2011
couldnt find any indian judgements .
online love making chat amounts to virtul adultery . no physical intercourse . husband or wife cannot make out a case for adultery .
however if there are evidences the conduct of party would show the state of mind of the accused.
