Husband posting vulgar content on facebook during divorce

621 votes

the new developments would certainly help your cause.You can bring the development to the notice of the court. .

Advocate P Venu LawRato

759 votes

Divorce by Mutual Consent is as the name suggests is when both parties ie; husband and wife comes to a mutual understanding that the marriage be dissolved amicably. It is clear that one of the parties may withdraw their consent at any time before the passing of the decree. The most important requirement for grant of divorce by mutual consent is free consent of both parties. The most important requirement for a grant of divorce by mutual consent is free consent of both the parties. In other words, unless there is a complete agreement between husband and wife for the dissolution of the marriage and unless the court is completely satisfied, it cannot grant a decree for divorce by mutual consent. The parties are at liberty to withdraw the petition. It seems that the petition may be withdrawn even at the instance of one party in course of six months from the date of presentation of the petition. But when a joint motion is taken by the parties after the lapse of six months but before the expiry of eighteen months from the date of presentation of the petition for making inquiry, the unilateral right of a party to withdraw the petition appears to be barred. But in Sureshta Devi v Om Prakash it has been held that a party to a petition for divorce by mutual consent can unilaterally withdraw his or her consent. So better to wait for filing second motion petition. After getting Divorce, your sister can approach the police file petition under IT ACT 66A.Section 66A of the Information Technology (Amendment) Act, 2008 prohibits the sending of offensive messages though a communication device. The types of information this covers are offensive messages of a menacing character, or a message that the sender knows to be false but is sent for the purpose of ‘causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will.’ If you’re booked under Section 66A, you could face up to 3 years of imprisonment along with a fine.So be patient up to getting Divorce.

Advocate Ajay NS LawRato

521 votes

Give a police complaint against the acts done. They will refer the same to cyer cell and take action. You can produce as evidence in your case. Call or take appointment. For detailed advice of the same

Advocate Jeshma Mohandas LawRato