Ex blackmailing to extort money during divorce proceedings, what to do
24-Nov-2023 (In Divorce Law)
My Friend who underwent divorce in which she was the petitioner is now being black mailed by her ex that he has got photos/video of her and someone who he thinks is her boyfriend together(sitting and talking). The photo was taken after filing divorce. Her ex blackmailing her into paying compensation or he will submit the photo/video to the court. What are the possible scenarios ?
The facts posted are sketchy; it appears there are deeper issues. The wife sitting with someone or talking need not be any momentum in a divorce proceeding.
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Mere a photo graph could not do nothing as a valid evidence for adultery. Adultery is a ground for divorce under Section 13(1)(i) of Hindu Marriage Act.The burden of proving adultery in a matrimonial case is on the person who makes the allegation. The standard of proof in "proceedings under the Act being initially of a civil nature is by preponderance of, probabilities and not by proving it beyond reasonable doubt.
So file a complaint against the threat .Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both
So file a complaint against the threat .Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both
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You must be very careful you can rebut him in evidence as to when and where it was taken in cross examination. Dont give any moves clue to him. Does she know. When it was taken with proof. You cab rebut and break in evidence stage. Call me for detailed advice
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