How Can You Navigate Divorce Proceedings When Facing Blackmail From Your Spouse?

Going through a divorce proceeding is never a walk in the park especially because it is extremely emotional. This being said, the issue of blackmail adds a layer of coercion and manipulation to the processes which makes the issue worse and complicated. It becomes important to understand your legal rights and alternatives if you are being blackmailed by your husband during a divorce in India.

Divorce: About

In India, the types of divorce and the process of reacquiring marital status vary according to the personal laws governing the parties and their religion. To begin with, the principal statutes regulating matrimonial relations in India are as follows: 

• The Hindu Marriage Act, enacted in 1955 applies to all Hindus, Buddhists, Jains and Sikhs. 
• The Muslim Personal Law (Shariat) Application Act of 1937 provides for divorces under Islamic law. 
• The Divorce Act, 1869 is applicable to Christians seeking divorce in India. 
• Divorces of the Parsi community come under the purview of the Parsi Marriage and Divorce Act, 1936. 
• The Special Marriage Act of 1954 governs civil marriage in the country without regard to religion.

Getting a divorce is usually a process as define by these rules, however, it can get complicate by extortion. Legally, extortion is regard as a crime in which an individual threat to expose sensitive information in his or her possession unless certain demand is met. In the context of divorce proceedings, this may include fabricating evidence, threats to reveal private information or even abusing the courts to obtain a desirable outcome.

Navigating Divorce Proceedings When Facing Blackmail from Spouse

Acknowledge and Record the Blackmail

Above all, acknowledging blackmail is the illegal attempt of manipulation. Under are a few of common examples of how blackmail is likely to come into play during divorce proceedings:

• Making of false allegations wheeled by fear, for instance child neglect claims, bride price harassment accusations and domestic violence threats.
• Threats to spill and compromise ones’ emails, pin codes, private photographs, among other intimidating items.
• Threat of any sort relating to children such as movement or custody threats.

Speak with a Divorce and Family Law Specialist

In cases of blackmail encountered in the processes of divorce hiring a capable lawyer is very important. Choose a family law expert who has dealt with issues involving blackmail or threats previously. A good lawyer can:

• Analyse the facts surrounding the case and advise on possible actions to take.
• If your spouse is engaging in criminal or unjust behaviour, file the appropriate legal notice or complaint.
• Allow you to be well defend in a court of law; ensuring the claims level against you are back with evidence.

Understand Your Legal Options for Extortion and Blackmail

The act of blackmail and extortion will be termed as an offense in the Bhartiya Nyaya Sanhita. The following relevant provisions may be invoke: 

• As per section 308 (1), “Extortion” is understood as the causing of fear in another person with the intent of extracting something from him or her. For instance, when your wife or husband threatens you to give them something, that is money or property, then that is extortion. 
• As per Section 351 (1), this would be categorize as criminal intimidation if a spouse resorts to threatening behavior in order to force one to take a wrongful settlement.
• Defamation under Section 356 (1) Your spouse might have a reason for threatening to make adverse comments and turning that into manipulation of you.

Resolving Unfounded Claims

Every so often, a spouse may resort to false claims of domestic violence or dowry harassment as a weapon of blackmail. Legal provisions within India such as, Section 85 of BNS and the Dowry Prohibition Act of 1961 seek to protect individuals from being victimize. However, these provisions tend to be misuse as a tool of coercion during the divorce process. 

However, should your partner level baseless allegations against you: 

• Don’t panic. Remain calm and gather evidence disproving the allegations. 
• You may choose to pursue a counter complaint where you must present the evidence proving that the allegations are false. 
• In cases requiring Section 85 or charges that are criminal in nature, if it’s necessary to avoid being take into custody, seek anticipatory bail.

Preserve Your Privacy

In the course of divorce proceedings blackmailing by threatening to expose private conversations, pictures, or personal information is not uncommon. Indian law provides certain safeguards against infringement of privacy:

• Right to Privacy: The Constitution’s Article 21, the Supreme Court of India has held that the right to privacy is an essential right. Any violation of one’s right to privacy by dissemination of material without consent can be raise by this right.
• Information Technology (IT) Act: Under the IT Act video or images of a person in nude or semi-nude state is upload or circulate without the permission of the person concern, and there are ramifications for this). Section 66E deals with the violation of privacy by including taking or disseminating private photographs of individuals without their consent.

Use Alternative Dispute Resolution (ADR) or Mediation

• Mediation or alternative dispute resolution (ADR) processes help in resolving issues without going to court for a long period. In mediation, two opposing parties settle out of court with the assistance of a neutral third party, the mediator. Although it lacks legal strength, mediation can help settle disputes in a more civilized manner. 
• However, mediation may not be suitable in cases of conflict where one spouse practices blackmail because the threatening spouse holds the greater power. Never engage in mediation without legal backup and the presence of your counsel.

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtain at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.