marriage marriage

3 years ago

I got married few months later, and now in may came to know about past relations of my spouse. we both discussed it and she told me that there is nothing now, although i need time to move on, i asked her how much, but she said i dont know. now in these 2 months my wife blocked her Ex (Name changed: Ajay) from all the social media, and due to this ajay called my wife again on May 24, 2020 she missed the call, and i came to know from randomly checking her phone that he had called. i asked her about it again and she said i have deleted his number and i dont remeber it, so i dont know whos miss call was it and didn't called her back. then we decided to call ajay from my wife's number and ask why he called. upon asking this to ajay he said he was missing her badly and other things. so my wife screamed on him and told her not to call back again. i he want to talk to her, he must first become some thing in life coz ajay has no carrer and failed in establishing him self. now on june 28, 2020 ajay again messaged my wife on social media from some different ID. What i want to know now is: 1. do i have any right to take legal action against ajay mainly on the grounds that due to his messaging i am getting panic and my peace of mind disturbed. i mean can court pass an order against ajay to warn him for not doing the same so that this can help me in future if he does so again.

Abhimanyu Shandilya

Responded 3 years ago

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A.Yes, you can lodge a complaint with local police for harassment by this person. And the police will get into action which either will force the person to stop this or initiate a criminal case against him by the police.
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Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
SC has legalized the adultery and women cannot punished but men are not spared. Lodge complaint under following provision of law against Ajay.

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Section 498 in The Indian Penal Code
https://shodhganga.inflibnet.ac.in/bitstream/10603/201840/10/10_chapter%205.pdf
498. Enticing or taking away or detaining with criminal intent a married woman.—Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Non-Cognizable Bailable Any Magistrate
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Vidhi Samaadhaan Vidhi Samaadhaan

SHAIKH IRFAN KHAMAR SHAIKH

Responded 3 years ago

A.Dear client
Your wife has legal right to for a criminal against Ajay. As per section 354 of IPC, the act of Ajay is offence.
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