I was divorced from my ex-wife 3 years back and as per our mutual understanding, we are not suppose to interfere into each other's lives after divorce. I was re-married after my divorce, however my ex-wife seems to have secured my wife's contact details and started to talk to her and poison her mind (outside of my cognizance). This has started to show it's affect on my current relationship. Upon investigation, my wife finally admitted talking to my ex-wife out of her influence and being instrumental in causing dent to our relationship. I'm writing this question to understand the legal options, like the sections I can use to exercise against my ex-wife ?
Don’t aggravate the issue
2) ask your wife to block your ex wife number / her email
3) not to have any contact with her through social media
4) you and your wife can obtain a restraining order against your ex wife from contacting you personally or through email or social media
There is no law that will restrain a person from talking or calling other. It is for your wife to block her and tell her not to contact. But if she speaks ill of you, she can be sued for defamation and even a criminal complaint can be filed against her. To prove prima facie defamation under U.S. law, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the reputation of the person or entity who is the subject of defamation. You can also file cases against her under Indian law in India.
Your present wife is not a kid that she wuld be so easily influenced.
If if she is prone to such kind influences then this is a recurring problem.
Try to manage your present wife that the ex wife.
There is no legal issue/option involved herein.
You can issue a legal notice to your ex-wife warning her from indulging in such illegal activities of spoiling your marital relationship by unnecessarily interfering in your personal affairs and privacy.
you can warn her that you will be constrained to initiate stern legal actions through criminal laws if she is not refraining from indulging in such ugly acts to destabilize your married life , failing which she will be held responsible for the legal consequences thereon.
After that you can decide further course of legal action as per law,.
Hello,
No law restrains a person from talking to or calling others. Your ex-wife's behaviour is inappropriate and harmful to your current relationship. Share your concerns honestly, but avoid excessively blaming your ex-wife. Focus on how her actions are affecting your relationship. Convey to your new wife that she should not dance to the wishes and tunes of others.
If necessary, have a direct conversation with your ex-wife, expressing that you want no contact between her and your wife. Be firm but respectful.
Consider seeking professional help to navigate this challenging situation. A therapist can provide guidance and tools for strengthening your relationship.
If the harassment continues or escalates, you may file for a restraining order under Section 12 of the Protection of Women from Domestic Violence Act, 2005. This can legally prohibit your ex-wife from contacting your current wife.
If your ex-wife spreads false information about you or your current wife, you may have grounds for a defamation lawsuit. This requires proving that the statements made were false and damaging to your reputation.
Relevant Legal Principles
Protection from Harassment:- The law provides mechanisms to protect individuals from harassment, including emotional distress caused by unwanted contact.
Defamation- Spreading false information can lead to legal consequences, and you may seek damages if your reputation is harmed.
It is up to your wife to block her and tell her not to make contact. However, if she speaks ill of you, she can be sued for defamation, and a criminal complaint can also be filed against her.
To prove prima facie defamation, a petitioner must demonstrate four elements
1) a false statement purporting to be a fact;
2) publication or communication of that statement to a third party;
3) fault amounting to at least negligence; and
4) damages, or some harm caused to the reputation of the person or entity who is the subject of the defamation. You can also file cases against her under Indian law.
- As per law, Divorce by mutual consent is final and binding, and thus cannot be challenged in any Court by either of the parties.
- The basis of such divorce is mutual consent and since both parties consented to the divorce, they cannot breach the agreement and decisions.
- Therefore, the Decree granted under the mutual consent, and based agreement is final & unchallengeable by your wife, and she cannot refuse to comply the terms of the mutual understanding.
- You can lodge a complaint against her for interfering into your personal life ,and also can file a contempt petition before the court as well.
Dear Client,
You have several legal options against your Ex-wife. You can seek a civil injunction or a restraining order from the court to prevent your ex-wife from contacting your current wife or interfering in your marriage. You can file defamation suit against your wife if she is making false statements against you harming your reputation. If your ex-wife's behaviour constitutes harassment or causes fear, annoyance, or harm to you or your wife, you can file a complaint for criminal intimidation. Such actions of stalking and gaslighting you wife can be considered as an invasion to your private married life making her liable. Collect any evidence of communication between your ex-wife and your current wife, including messages, emails, or other forms of contact that demonstrate her interference. Consult with a lawyer who specializes in family law to discuss the most appropriate legal course of action based on the evidence and the specific circumstances of your case. Should you require any further clarification, please do not hesitate to contact us.
1. Your ex-wife has not yet committed any crime since talking to ex-husband's present wife is no offence mentioned in IPC or the new law.
2. It appears that she is settling her score on you in a very mean way.
3. However, you shall have to pursue your present wife to terminate all connections with your ex-wife.
Unless expire commits some offence which you can prove it will be no use to file any case at the most you can send legal notice
