For putting defamation case

kalpesh (Querist) 01 February 2015 This query is : Resolved
i have some issues with my wife and she left my home in 2007.she went her parents home with my 2 years son and put a false case of 498a & domestic violence.both are runnig still today.in 2011 she send me a notice about injunction of property.after some days she published a AAM SOOCHNA in a leading news paper saying that i torchered her,demanded for dowry,forcibly bring her out etc.it has not been decided from court that i am culpit still today then how can she feel me ashamed before thousand people through paper news.can i put a petition against her for my defamation u/s 500,501 or other section may be pls advise

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Sudhir Kumar, Advocate (Expert) 01 February 2015
let the charges prove false in the court.

Devajyoti Barman (Expert) 01 February 2015
case of defamation lies against her. Go for it.

Rajendra K Goyal (Expert) 02 February 2015
Can file defamation case.

kalpesh (Querist) 03 February 2015
i have got 3 reply.two lawyers are agree with me that i should file a case of defamation while a single lawyer is saying to wait.i am somewhat confused what i should do ? who are agree with me pls write your exact section of defamation case so that i can sure myself

Guest (Expert) 03 February 2015
Your defamation case would be strong once you had Proved the charges are False in Court.Consult Your Local Good Advocate.

kalpesh (Querist) 03 February 2015
it will take many years bcoz the case is running in trial court since 2007 and only half of the proceedings has been completed still today.and after my winning in trial court it may be possible that she will apply for upper court or high court.then when will i present my case?

T. Kalaiselvan, Advocate (Expert) 03 February 2015
You have a strong ground for filing a defamation case against her but when was the news published in the newspaper and was it published as news or as an advertisement?(Public notice), because the case will actually lie against the news paper editor too. Make sure that it is not too long ago because your case may be barred by limitation.

kalpesh (Querist) 04 February 2015
dear sir she published a public notice via her advocate in may 2011.it is a common thing bcoz every lady try to do so that her husband can not sell her property.but i have objection in those lines of public notice where her lawyer saying that i demanded dowry,push her out,did abusing and fight with her etc.what are the needs to say so much.she can say only that some cases are running in court so pls dont purchase my husband property.