Looking for Divorse from wife
5 years ago
Hi Sir,
I had married feb 2017 and i have one baby. I recently had quarrel with my wife. In an incident I was close to an accident because tension caused from wife so i have send abusive message with saying that I missed accident. After that message her brother threatened me that he will give police complaint about my message. I have already decided to take Divorse. In these case will I get punished under 66A while applying divorse.
Deepak Yashwantrao Bade
Responded 5 years ago
A.i agreed with advocate rozario. section 66A is troubling with violation of right to privacy . in some cases this section clearly struck down by judgement given by hon'ble supreme court of india. you need to discuss with cyber expert lawyer about text massages issues. in some cases there is need to verify decrypt encrypt and authenticate text massages because it is technical process.sending this type of massages is punishable. fight your case on merits.
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A.You are very unlikely to get punishment for using abusive language against your wife, and tehy cannot take up the matter and complain after you file for divorce. But after having a baby and just after one year of marriage I feel it is unlikely that you will get a divorce easily.
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ROBERT D ROZARIO
Responded 5 years ago
A.In a recent judgment of the Hon'ble Apex Court in Writ Petition (Criminal) No.167 of 2012 (Shreya Singhal Vs. Union of India, decided on 24.03.2015) has declared Section 66A of the Information Technology Act, as ultra vires to be in violation of Article 19 (1) (a) of the Constitution of India. Therefore, in any case the proceedings of Section 66A of Information Technology Act cannot go on. Section 66A of the Information Act 2000, has been striked down by the ruling of Supreme Court of India. You must file a petition under section 482 Cr.P.C. to quash any order or judgement arising from the criminal proceeding under this section.
Since you have already filed a divorce petition, the quashing order from the High Court will protect your defence. However, you will not be entitled to get the custody of baby who is below 5 years of age. As per the Hindu Minority and Guardianship Act, 1956 the Hindu child below the age of 5 years shall be kept under the custody of the mother as till this age it is only the mother who can give proper emotional, moral as well as physical support to the child. The custody of a boy or an unmarried girl above the age of 5 years and below the age of 18 years shall be given to the father of the child as he is considered to be the natural guardian and only after his death the custody shall be given to the mother.
With regard to Maintenance: The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife is 25% of husband's net salary to be just and proper amount as alimony
Since you have already filed a divorce petition, the quashing order from the High Court will protect your defence. However, you will not be entitled to get the custody of baby who is below 5 years of age. As per the Hindu Minority and Guardianship Act, 1956 the Hindu child below the age of 5 years shall be kept under the custody of the mother as till this age it is only the mother who can give proper emotional, moral as well as physical support to the child. The custody of a boy or an unmarried girl above the age of 5 years and below the age of 18 years shall be given to the father of the child as he is considered to be the natural guardian and only after his death the custody shall be given to the mother.
With regard to Maintenance: The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife is 25% of husband's net salary to be just and proper amount as alimony
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GANESH SHARMA
Responded 5 years ago
A.No prob with message. Try to solve the matter amicably. If no result come then go for divorce
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Nirmal Chopra
Responded 5 years ago
A.File a divorce case immediately on the ground of cruelty and desertion.
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Prabir Kr. Chakraborty
Responded 5 years ago
A.Divorce u/s 13 of Hindu Mrg Act - is a civil proceeding - unless decides on contest & on evidence by court on Crl. Prceeding & proves 'cruelty' no impact on Divorce case.
PKC, Adv
PKC, Adv
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Adv Shuchei
Responded 5 years ago
A.Hello Sir
In my opinion I can help you the best.
Contact me
In my opinion I can help you the best.
Contact me
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Ashutosh & Co
Responded 5 years ago
A.No divorce law is seprate rather 66 A so you will not punished
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Kavery Anand
Responded 5 years ago
A.Hi 1) sir section 66a is for.. false.. or threating messages.. but u have not messaged any false incident..
She had fight with u .. because of the u got very disturbed mentally.. and while driving.. u just missed accident.. it might be happen also.. u never know. So where is the false
or threating message here ? ... So don't worry about getting punishment... Under 66a.
2) Yes u can file a case against Ur wife on the ground of cruelty..
She had fight with u .. because of the u got very disturbed mentally.. and while driving.. u just missed accident.. it might be happen also.. u never know. So where is the false
or threating message here ? ... So don't worry about getting punishment... Under 66a.
2) Yes u can file a case against Ur wife on the ground of cruelty..
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Ambrose Leo
Responded 5 years ago
A.You can always apologize for abusive message not intended intentionally but due to tension & accidental issue. Secondly for Divorce better to consult a family matter lawyer to guide & help you on all aspects of issues quickly.
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