Character assassination by husband
Radha
(Querist) 30 July 2014
This query is : Resolved
Dear Lawyers/ Experts,
I want to file a case on my husband for assassinating my character. I left my husband and came to live with my brother family since I wanted divorce from that miser. Ours is a very big family and we have reputation in our small town. People are conservative and they do not understand that I left my husband because I hate him. My father told everyone that I left my husband because my husband had illicit relation with some other girl. I told everyone that he used to beat me after drinking wine. And he used to live on my salary. We did all this to keep our dignity and not to harm him only in our town and not in his town. But some of our people informed him about what we said.
To take revenge he started telling people that I have illicit relation with my female friend & I want to live with her in her flat. I have filed dowry case to keep his money and jewelry. He also sent sms to everyone about my salary, his salary and all the details of our marriage, claiming his innocence. He has also sent some sms to my father and my brother saying that if I get pregnant, he will file a case of adultry against my father. He also sent love & sexual sms for me in my fathers mobile saying that it is only meant to be read by his wife(me). I have not given my no. to him so he is doing all this to get my mobile no.
Pls guide me if I can file a case of blackmail and defamation against my husband.
Devajyoti Barman
(Expert) 30 July 2014
No case of blackmail lies though you can file case for defamation.
Radha
(Querist) 30 July 2014
He has also informed my company about the 420 case on me and also that the court has issued me summons. I may lose my job also.
V R SHROFF
(Expert) 30 July 2014
FILE DEFAMATION CASES [CRIMINAL + CIVIL]
Radha
(Querist) 30 July 2014
I have no proof that he said about the illicit relation of me and my friend. And for pregnancy also he used a diff. words in the sms. He said that if i get pregnant, he will have suspicion on anyone. But about my father he said to someone orally. Will i be able to file defamation case on such things. He sent love messages starting with the sentence- Only for my wife. Pls do not read. And in each sms he mentioned about the money and jewelry taken away by me. Should I go ahead with the complain or not. Please advice. The last sms was received 3 months ago.
Radha
(Querist) 30 July 2014
How much money can i claim in defamation if my salary is 20000 per month.
ajay sethi
(Expert) 30 July 2014
dont go ahead with defamation suit . you have no evidence f any defamatory statements made by your husband . better file for divorce on grounds of mental cruelty
Radha
(Querist) 30 July 2014
He will contest the case and my family is saying that I will not be able to get divorce. He has all my FD receipts with him which i made from the money which he gave me. On the day of leaving my home, I got the account details changed. He got my mobile bill and also the bank confirmation which the bank sends at home. He is making it an issue by saying that I was only concerned about money when I left home and so the jewelry has to be with me since only money was in my mind.My family is saying that he will not let me take divorce unless he is compelled to do so. That is why i filed dowry case on him and his family. But even after 1 year he is not moving an inch. He says he is a hindu and he does not believe in divorce. He will contest the divorce case till supreme court. I have spent years with my husband and I know he is not bluffing.
ajay sethi
(Expert) 30 July 2014
then file DV case against your husband . since your husband used to assault you physically after drinking case of DV is made out
Sudhir Kumar, Advocate
(Expert) 30 July 2014
what are the points on which you want to file defamation.
refer thread
http://www.lawyersclubindia.com/experts/Worried-harassed-by-husband-487246.asp#.U9i-7kBvdG0
You have on this thread confessed of giving him cheque as guarantee of loan he gave to your brother and later stopped payment and this resulted in a cheating case against you and brother.
If this fact has been shared with your company this i snot defamation.
DEFAMATION CAN LIE ONLY WHEN THE ASSERTION MADE BY HIM, BEFORE SOMEONE IS FALSE.
Sudhir Kumar, Advocate
(Expert) 30 July 2014
YOU SAID
"My family is saying that he will not let me take divorce unless he is compelled to do so. That is why i filed dowry case on him and his family. "
so on this thread also you confess that dowry case was filed by you not because there was dowry demand rather because you wanted to compel divorce.
Radha
(Querist) 30 July 2014
I am not supposed to lie to my lawyer or adviser but what we say in court matters. In court I will take a stand as per the advice of my lawyer.
Nadeem Qureshi
(Expert) 31 July 2014
Dear Radha
Try to settle the matter amicably with him with the help of the elders and relative or friends, it will be better for both of you and your families.
Sudhir Kumar, Advocate
(Expert) 31 July 2014
why do I agree with Mr Qureshi?
Because case against you is strong with sound evidence.
Sudhir Kumar, Advocate
(Expert) 01 August 2014
dowry laws are pious laws enacted to the benefit of real victim women. Women like in your case have tarnished purpose of this law.
Now misuse of this law like in your case is so rampant that this is the only law in the world for which there is a lobby of accused.
Radha
(Querist) 01 August 2014
I know that ideally we should not lie in court. But we live in real world and I saw no other way out of my marriage but to file a dowry case. How many true dowry cases have you seen? I have my wedding photo wearing jewelry. I have brought all the jewelry with me. My brother is advising me to file a 406 case against my husband and in laws for the same. Even if they want, they cannot return the jewelry which they do not have. Please advise how to make this case effective to get divorce from him. He will never let his parents to go to jail and will adhere to all my demands.
Please be realistic and not idealistic. I am looking for a legal advice and not a moral advice.
ajay sethi
(Expert) 01 August 2014
as officers of court we cannnot be party to any false and bogus case being filed by you . we do not advise you to lie on oath
Sudhir Kumar, Advocate
(Expert) 01 August 2014
your brother seems to know how best to make use of you for swallowing the money.
So far you did as he advised and landed in trouble and you can continue
It is you life you have all rights to spoil it.
Radha
(Querist) 02 August 2014
Kindly tell me how much time it generally takes for the arrest warrant to be issued. I received the summon (court notice) 3-4 days back. What are the options I have to delay the case as long as possible? Please give me some legal inputs. I am really tensed and want support. Should I leave my home and go to live with my relative or should I stay at home and pay the police if they arrives.
Sudhir Kumar, Advocate
(Expert) 02 August 2014
do not attend court at 10.00 am on the appointed date or at least not be available when case is called.
warrant will be issued in 2 minutes.(other experts may correct me if I am wrong).
Or else your brother may be able to guide you better
Sudhir Kumar, Advocate
(Expert) 10 August 2014
at least today on RAKSHABANDHAN your brother may realise what he has done to your life.
prabhakar singh
(Expert) 10 August 2014
WHY YOU WANT EXPERTS TO BECOME ABETTORS FOR CRIMES YOU ARE PLANNING AGAINST YOUR SPOUSE.
THE GIST OF GRIEVANCE YOU OR YOUR FAMILY HAS IS THAT THOUGH HE IS RICH BUT IS MISER WHILE YOU ALL HAVE A HAWK EYE ON HIS MONEY.
ONE WHO GETS RICH BY SAVING IS OFTEN FOUND MISER BECAUSE AN EXTRAVAGANT LIKE ME CAN NEVER BE RICH.
THE NEXT WAY TO RICHNESS IS DOING SCAMS AND SCANDALS AND THEY MIGHT BE FOUND EXTRAVAGANT TOO.
YOU LEFT HIM FOR NO GOOD CAUSE AND DEFENDING YOURSELF BY ADOPTING COURSE OF 'DIRTY MISREPRESENTATIONS' AGAINST HIM.
IN YOUR OTHER POST YOU REACTED YOU ARE WHAT YOU ARE{""i am what i am"}
that is because YOU are not listening to calls of your own soul and by the time you shall realize your this mistake it would be too late
prabhakar singh
(Expert) 10 August 2014
WHY YOU WANT EXPERTS TO BECOME ABETTORS FOR CRIMES YOU ARE PLANNING AGAINST YOUR SPOUSE.
THE GIST OF GRIEVANCE YOU OR YOUR FAMILY HAS IS THAT THOUGH HE IS RICH BUT IS MISER WHILE YOU ALL HAVE A HAWK EYE ON HIS MONEY.
ONE WHO GETS RICH BY SAVING IS OFTEN FOUND MISER BECAUSE AN EXTRAVAGANT LIKE ME CAN NER BE RICH.
THE NEXT WAY TO RICHNESS IS DOING SCAMS AND SCANDALS AND THEY MIGHT BE FOUND EXTRAVAGANT TOO.
YOU LEFT HIM FOR NO GOOD CAUSE AND DEFENDING YOURSELF BY ADOPTING COURSE OF 'DIRTY MISREPRESENTATIONS' AGAINST HIM.
IN YOUR OTHER POST YOU REACTED YOU ARE WHAT YOU ARE{""i am what i am"}
that is because YOU are not listening to calls of your own soul and by the time you shall realize your this mistake it would be too late
Guest
(Expert) 10 August 2014
When you and your husband has decided to make the relations from bad to worse and now the worst by revengeful activities, how you can expect the experts to guide you on your casual queries?
You hate him, you state that he used to live on your salary, you treat him as miser, you want him arrested, you are proud of reputation in your small town, but you treat peopl as conservatives, these are the indicators of yours as well as your family members' egoistic attitude. I guess, as if such egoistic attitudes only has not become the reason of your parting the ways.
Question arises, if he used to live on your salary, what is his source of living now and why he has preferred toremain isolated from such a nice wife on whose income he used to live?
On one hand you say that that he is miser, but on the other you admit that you got money from him and converted that in to FDs, as your own statement reveals, "FD receipts with him which i made from the money which he gave me". What a contrast in your statements?
Instances of his being miser and illicite relations have not been mentioned upon which you hate him and left him. So, how you can expect the experts to guide you merely on your saying, but without any such instance.
If you file a divorce case, even the judge would give both of you a substantial amount of cooling period to think and rethink several times.
So, no other way seems to be there for you except to toil in the courts and spend substantial amount by both of you, besides wasting a lot of time, just to get rid of each of you.
SO, NO ESCAPE FROM CHARACTER ASSASSINATION OF ANYONE BY ANYONE OF YOU TILL BOTH OF YOU CONTINUE WITH THE REVENGEFUL POLICIES. ONLY CONSTRAINT IS THE SOLUTION TO AVOID CHARACTER ASSASSINATION TO GET PEACEFUL SEPARATION, IF YOU FINALLY OPT FOR THAT.
Best of luck!
Sudhir Kumar, Advocate
(Expert) 12 August 2014
continued
http://www.lawyersclubindia.com/experts/Short-dates-in-court-489926.asp
