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(Guest)

Can comment on fb post cause problem?

On one of my post on FB my wife replied I should learn how to love your own wife than advice other married people. I took copy of it. Now I would like to use it while contesting divorce. Should I send that screen shot to cyber police ?



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 22 Replies

Sudhir Kumar, Advocate (Advocate)     15 November 2013

nothing understood.


(Guest)

If your wife writes nasty comment on social media on your post and in a week sends you divorce letter. Aren't you going to attack her first before 498A comes? Cyber law on cyber stalking clearly says that such actions aren't allowed. I am not asking question without proper research. If you remember those girls who were arrested for just asking about Bandh in the name of bal thackrey. Indian cyber laws are much strict these days. 

T. Kalaiselvan, Advocate (Advocate)     15 November 2013

You have got to prove that it was her on the face book by extracting the account details as well and to  plead her ill intention behind that was to tarnish your image etc.

sandykrish (Interested in Family LAW)     15 November 2013

@ Danesh, please have  a right mindset in contesting Divorce, the kind of question you ask in this forum proves that you and your wife are at Fault. Assume responsibility and take a matured decision. Family courts sometimes takes FB messages as a evidence and some judge don't entertain. Instead of taking these as a evidence the world cruelty is big. To prove this it takes ages. Family court at the end of the day looks at compatibility if that doesn't work out even the Judge would suggest what I am telling. Sit for amicable settlment and try to be more matured for your future life. 

No use of complaining little things about you wife in this forum. It all happens in every family. It is only the matured ones who would be able to manage those. Try ignoring it, speak to a good lawyer and draft a petition and contest it on merits. Since inception your eveidences are so small, esure to collect some more solid eveidences regarding the cruelty from your wife post that as eveidence. Leave the rest to Lawyer and be a supportive block to him.

 

T. Kalaiselvan, Advocate (Advocate)     15 November 2013

Sandykrish has thoroughly assessed you and has given right and proper advice on the subject, follow it.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     15 November 2013

Dear Querist

as per your information On one of my post on FB my wife replied I should learn how to love than advice others....................., if she hack your ID or password then she can be prosecuted otherwise not.

dont forget the result of the case in which the the case has been registered against the girls who remarks over Bandh, the magistrate had transfered & suspend the police officer.


(Guest)

I have already told her not to create scene on social media but she and her family thinks that they can write whatever they want.


(Guest)

If posting on FB cannot cause problem then what is this cyber stalking law of India?

Ranee....... (NA)     15 November 2013

If she is commenting on your post which you don't like then there is option to block her or delete her post or disable her from commenting on your post. If she hacks your account or creates fake account in your name then you can call it cyber crime.

Sudhir Kumar, Advocate (Advocate)     16 November 2013

please refer to your thread at https://www.lawyersclubindia.com/forum/details.asp?mod_id=92208&offset=1 that is what is a matter of cyber police.

(Guest)

Are you saying one can defame their spouse on social media and cyber police won't do anything?


(Guest)

I checked with cyber police regarding my e-mails to my spouse and they said it is family matter not cyber crime matter.

ANEESH TRIVEDI (ADVOCATE) (Advocate)     16 November 2013

yes police is correct, cyber crime comes when the matter is of high dignity, huge fraud, danger to nation safety etc,

my wife put an allegation like atankwadi, i having realtion with terriorist out side india , delhi intelligence search my detail , and each mail gone out from my city, they found nothing, and this happen within three hour and i am freed by this alegation. i was on TV for one week on prime as " PATNI NE KHULASA , PATI ATANKWADI, DEHDHROHI, DEKHAN NA BHOOLE 8:30 BAJAE with my three pic and wife in middle appearing on tv screen.

what haappened, wife came and start living with me and ek bacchi ko paida kiya mujhse...

in short cyber crime came when they found some thing strong and investigate whtihout knowing you.

so Instead of going like that better to collect the primary , reliable evidence for you divorce, just leave cyber crime etc

your proof should be authentic and maintenable in that even the judges of SC will not restrict you to get divorce on you condition..

Ranee....... (NA)     16 November 2013

You can keep screen shots of those comments and use them as evidence of mental cruelty in the court.


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