Defamation by 3 relatives
Samanth kumar
(Querist) 23 May 2015
This query is : Resolved
Dear experts. 3members : Father, mother , their son are defaming one person intentionally from 2 years by telling false ilicit contacts, false statements on bad habits to some relatives orally and by cell phone. They are relatives and residing in same town. now the victim is asking to file defamation ipc 499. please advice the meris and demerits for the case of defamation on relatives.
Jeetender Gupta
(Expert) 24 May 2015
What will be the evidence? In Defamation normally there is a defamatory publication circulated to larger public.
Devajyoti Barman
(Expert) 24 May 2015
The cases are not meant for merits and demerits. If the case has merit , file in court.
malipeddi jaggarao
(Expert) 24 May 2015
You should have sufficient proof to prove the defamation. It is not that easy as per the story narrated in the query.
SAINATH DEVALLA
(Expert) 24 May 2015
Dear Author UR profile states U R an advocate,why go for spoon feeding.
P. Venu
(Expert) 24 May 2015
Mere gossip mongering do not amount to defamation. There should be publication of the alleged acts of defamation.
Samanth kumar
(Querist) 24 May 2015
Dear sirs , Iam learning from website. I'm new to our profession.
Samanth kumar
(Querist) 24 May 2015
Evidence is persons who received phone calls from them.
Dr J C Vashista
(Expert) 25 May 2015
If you have sufficient evidence to prove the offence you must proceed, otherwise it may bounce back, please remember.
Sunil S Nair
(Expert) 25 May 2015
Let merits and demerits be determined by competent authority, I endorse above learned experts
Biswanath Roy
(Expert) 25 May 2015
Remedies of defamation are available in Civil as well as in Criminal Laws. Evidences relating to ingredients to prove the offence are different. Better you take guidence of any local lawyer.
Samanth kumar
(Querist) 25 May 2015
Facts : father , mother and daughter are telling false words on one man who is their relative 1) illicit contacts with a 60 years old lady 2) with a 12 year girl 3) blaming orally and by phone wantedly telling to relatives of different areas.. Victim is facing lot of problem on attending to any functions of relatives and victim's wife also started suspecting by telling repeated false news on her husband (victim) . Witness is three relatives living different places. Is it suitable for defamation or any other in law ? Or police complaint ? Dear experts Please give your advices.
Sudhir Kumar, Advocate
(Expert) 25 May 2015
1. Will the said 60 year old lady or that 12 year old girl stand in the witness to prove that allegation of illicit relation with her made against you is false? (better ask her and take affidavit)
2. whether the persons who received phone calls will come to court to be witness that the accused spoke to them about your illicit relation with said girl/lady. (better ask them and take affidavit)
Samanth kumar
(Querist) 25 May 2015
Dear Sudhir Kumar sir thanks for reply, the female and minor girl won't come to court , because they are.females. The persons received phone calls are three in number. They are ready to come to court sir.
Biswanath Roy
(Expert) 25 May 2015
Phone calls cannot identify the alleged accused which is one of the main ingrediant of defamation.
Sudhir Kumar, Advocate
(Expert) 25 May 2015
you said
"the female and minor girl won't come to court , because they are.females"
without their evidence you cannot prove that the allegations made against you are false.
So you forget about wasting money on defamation case.
Samanth kumar
(Querist) 25 May 2015
Thank you very much all experts.
T. Kalaiselvan, Advocate
(Expert) 28 May 2015
You do not possess evidence to file a defamation suit or case, hence try some other method to rectify the issue.
