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Sumit (admin)     01 October 2013

Sending porn clip

Dear Experts,

I would like to seek your advice on one very strange question. I filed for divorce on ground of cruelty and desertion. Married in 2009 and wife not staying after 10 days of marriage and also not willing to give divorce.  Wife now started getting in touch with me and saying she wants to stay with me, but how and when she will come is still not decided. On first hearing she along with her mother went to court and instead of filing reply to my petition, she sought time for hiring a lawyer, her intention is clear, delay as long as she can.

Recently she started sending her pics and other messages on "Whats App", online communication platform. Two days back she send me a p*rn clip. I was shocked and called her, she said it was send by mistake. Then i told her i am aware of your sick charecter, so dont pretend that it was by mistake.

My question is can i do something on this account, which will help me in my case.   Also heard that sending and sharing p*rn is a crime, can i get her punished for this?

Kind regards,



Learning

 5 Replies


(Guest)

Until unless she is a nymphomaniac.  You can get along with her.


S-e-x rocks man !!

Saurabh..V (Law Consultant)     01 October 2013

@Author

 

As you are fighting for Divorce, such clips should only be kept hidden as they may at any time prove very helpful. As of now I do not see anything substantial in this clip with respect to divorce as there is nothing in the law related to such acts. However, such electronic transmission is barred by Information Technology Act and she can be booked under various sections of IT Act. But to me, that doesn't seem to be a wise move.

 

Just keep calm and keep collecting "everything" you receive from her. You never know when your wife may allege anything during course of argument and these proofs would prove fatal.

 

//peace

/Saurabh..V

NRI Legal Consulting (Consultant)     01 October 2013

You should file a case for mutual divorce.

for more query contact us query@nrilegalconsulting.com

Sumit (admin)     02 October 2013

Thanks members for your valuable advice.

@helping hand - s*x rocks only if both love doing it, other wise its no better than rape or forced s*x, its my take. :-)

@ Need justice - can she file 498a or DV case, after almost 3-4 years of physical separation.

@ NRI Legal Consulting - we filed for Mutual Divorce in Dec 2010, but she never came for second motion, so this year in June i filed for contested divorce.

I think as of now all i can do is wait and only wait. Sad but......:-(

Tajobsindia (Senior Partner )     02 October 2013

1.    I disagree to @ Saurabh V and @ Need Justice.

2.    In a subsisting marriage sharing such clips are of no use to parties to a case, be it, if one party has filed ‘divorce’ as per available ground(s).

3.    Judges are not sitting Bench to decide which parties ‘s*xual needs’ in a subsisting marriage are more or less or normal yet they decide cases as per grounds r/w pre-ponderous evidences placed before them.  

4.    Hence no case made out of sending / receiving s*xual contents clips in a subsisting marriage as per context before me.

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