Additional sessions judge Vinay Kumar Khanna asked the magisterial court to re-decide the plea and also consider invoking the Information Technology Act as the SMSes were "grossly offensive in nature".
"The only requirement of Section 66A IT Act is that the message which is communicated is grossly offensive in nature or has menacing character. Learned trial court has not at all considered the allegations from this angle and the applicability of Section 66A Information Technology Act, 2000 to the factual matrix of the instant case," the judge said.
The court was hearing a revision petition of Mohammad Amjad filed against his in-laws.
Amjad, in his plea, said that he married the girl in 2005 after she converted to Islam and his in-laws were against their marriage and hatched a conspiracy to spoil their life.
He also alleged they defrauded him into giving Rs 20 lakh to his wife, who handed it over to her family.
Amjad also submitted that he filed a writ petition before the Delhi High Court in an attempt to take out his wife "from the net of her family".
Sarah, however, gave a statement to the effect that she did not want to live with Amjad.
Amjad alleged that his wife's family started sending him indecent messages with an intention to outrage his religious sentiments.
He lodged a complaint with the police against the indecent SMSes but no action was taken. Following this, he moved the magisterial court seeking direction for registration of an FIR under various penal provisions. MORE
