My friend trapped in a bad marriage 4 years ago. Since last two years the couple are physically separated and the wife staying in a different city with her parents. In the mean time the husband met an online college friend through facebook only and got virtually closed to her (only through chat, the girl stays abroad so no question of physical meeting). Wife managed to forge the facebook password of husband and got a copy of erotic chat of the husband with her unmarried college friend as well as phone call data record (CDR) of the husband through some private detective.
Now wife starts to extort husband for money and threaten him of filing 498A case against him and his aged parents citing the illegally obtained erotic s*x chat records.
My question is: (1) Is a phone/s*x chat considered a crime as per IPC? Does anybody has a right to invade the private life of another person and do moral policing?
(2) The wife obtained the chat record illegally violating IT act and breach of privacy of an Indian citizen which does not exempt even the couples in relationship from its ambit. How can it be a valid proof as per Indian Evidence Act?
(3) There is no deliberate attempt/inuendo by the husband to inflict mental torture on his wife in this regard. It was purely a distant casual/occassional chat having no intention to disturb the relation with his wife out of this casual relation. Then can it be regarded as a crime?
(4) 498A relates to dowry harrassment. There was no demand for dowry ever since marriage rather the husband and his family quite instrumental against dowry. Hence does this electronic fling with some distant old friend staying abroad come under the jurisdiction of 498A dowry act?
(5) Whether any arrest is possible on the basis of FIR of 498A, out of this only chat record as an evidence?? Because the wife only wants money to be extorted from the husband by threatening.
(6) Can any case be initiated against the wife in IT act and right to privacy act violation in this regard for illegally accessing others Call data records/monitoring/wiretapping others mobile/cellular connections etc without any valid court/govt order if she produces them as evidence? She has managed to misappropriate government machinery by bribing/other means to obtain CDR and other mobile conversation records which are highly classified documents.
Your point wise feedback will be highly appreciated and understandable.
