I got married in 2011 as per HMA and in a central govt. service. My wife is in IT sector and developed an affair with a workplace colleague (her ex boyfriend) since past three years and continuously pressing me for divorce. One and half year ago she illegally accessed my Gmail account from her own TAB sitting in a different city (i have known later on by checking IP logins) by hacking with my password and found two GMail chats (containing some romantic bent) with one of my distant friend. My friend is an unmarried girl and stays abroad. We never meet each other as she works abroad. It was just a casual fling that developed for a moment but didn't proceed any further. My wife took the photograph of the chat and now blackmailing me of filing 498A and DV case on the basis of the photograph of the chat (she is saying it was a mental torture to her). She has no other evidence with her regarding this relationship. I have never tortured my wife at any time till date on any dowry/non-dowry issue. My parents do not live with us.
(1) Can mere adult chatting without the knowledge of spouse be regarded as a mental torture as per law and can attract 498A/DV? Is it punishable?
(2) I have already changed the password of my Gmail account, deleted the chat from my mail and trash also. I asked my friend to do the same also to be safe. Myself and my friend never met each other in this period. Can those chats be retrieved by my wife by summoning Google persons in court after long 1.5 years????
(3) I want to know whether the only photograph of the chat message is sufficient to take any legal action against me?
(4) Is there any case possible against my unmarried friend by my wife?
(5) Can my wife summon my friend to court in the divorce case??
(6) Can my wife make that girl as a co-respondent in DV/divorce case with me?? I dont want that girl to be unnecessarily in trouble as she is unmarried. Can my friend refuse to accept the summon in this case? What will happen if she does not appear?
(7) Will this photograph of chat be accepted as an evidence as per act because it has been collected by hacking my password illegally without my knowledge and consent??
(8) Can I press cyber crime act violation against my wife for illegally accessing my GMail account??
Suggest what should I do now to immune myself.
