Is this fit for defamation?
Querist :
Anonymous
(Querist) 05 December 2011
This query is : Resolved
We are both Catholic Christians having arranged married registered under Special Marriage Act. Marriage was not consummated due to severe incompaitbility. 2 months after marriage wife left the house and filed for dissolution of marriage on the alleged ground of my impotence in the Church Tribunal. I was sent for Medical Test and when reports came showing my potency, she stopped following up the case.
She then filed for nullity of marriage in the court on the same ground. I contested the case and filed counter claim of divorce based on wilful refusal to consummate. After a long legal battle of many years, she finally stopped following up the case and I was granted exparte divorce decree on my favour.
1) Can I file for defamation (as she filed such grave allegations in the church which affected my social standing)? If yes, is there any time period for this?
2) Can I file for compensation and damages as this has reduced my chances of getting a suitable match in the future?
ajay sethi
(Expert) 05 December 2011
since you have got divorce after fighting lengthy battle in courts for years it would be better to move on in life .
you can file civil suit for damages but it will take 20 years for it to be disposed of if you are in Mumbai .
similarly you can file for defamation file criminal complaint but it may take some years to be disposed of
Shailesh Kr. Shah
(Expert) 05 December 2011
not advisable to do such. Move to new life.
Devajyoti Barman
(Expert) 05 December 2011
I do not find any merit in either of your queries.
Raj Kumar Makkad
(Expert) 05 December 2011
This is the fittest ground for filing criminal as well as civil suit claiming heavy damages against wilful defamation against your so-called wife.
Shonee Kapoor
(Expert) 06 December 2011
I agree with ld. Mr. Makkad,
You should give them some kind of treatment for harassing you for so long.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 06 December 2011
1) Can I file for defamation (as she filed such grave allegations in the church which affected my social standing)?
YES!YOU CAN!!!!!!!!!!!
If yes, is there any time period for this?
01 YEAR FROM THE DATE OF DEFAMATION CAUSED OR MADE PUBLISHED[PART VII - Suits relating to torts-Article 75&76]
2) Can I file for compensation and damages as this has reduced my chances of getting a suitable match in the future?
ANSWER!
Most probably not since the damage must be of a foreseeable type. Remoteness rule of damages views that Not every loss will be recoverable in tort law.
What you wish to enforce then ,if allowed, would be a litigation productive cause available to every divorce decree holder.
When we marry ,we hope for a positive out come in life,if it turns negative then we have under taken by implication to bear it
at the very first date of marriage.Let me show you by a partnership where only sharing of profit is agreed and defined but
loses are implied.Like wise entering into a marriage in any form of marriage,spouses carry positive side of a marriage but negative side may be a out come which they have to bear.
M/s. Y-not legal services
(Expert) 05 December 2011
