Impotency allegation disproved through judgement - scope for criminal defamation
Guest
(Querist) 31 May 2015
This query is : Resolved
Divorce petition filed by wife on impotency and mental cruelty got dismissed since she failed to prove the allegations and I myself got submitted for potency test by medical board on my application for the same. The judgement mainly points out the following findings:
1) Petitioner failed to prove the alleged impotency of respondent ie. husband.
2) Petitioner failed to prove the mental cruelty.
3) Petitioner deserted the respondent.
4) Respondent is not willing to continue the relationship after all these developments from petitioner's side.
5) Court observes that both parties can not forget the past and continue the relationship after all these developments.
6) So, considering all the above points the court dismiss the petition and advise the parties to go for mutual petition (13B).
So, can I go for criminal defamation against her based on this judgement since her petition is on ground of impotency & mental cruelty and the judgement says she failed to prove the same?
My advocate says I can't go for criminal defamation just because she alleged impotency in petition and failed to prove the same, and more over court proceedings and judgement can't be the foundation of a defamation suit. In my advocate's opinion, I would have to produce witness/evidence to prove that she made impotency allegation in public ie. outside court and there by tarnished my image in public for the existence of criminal defamation suit.
So, I would like to get the views of the learned members also in this situation.
I just want to know whether I can file criminal or at least civil defamation suit against her based on this judgement without any witnesses.
As far as I know the court is a public place and her petition and judgement are also public documents. So why the petition and judgement can't be the base of a defamation suit?
Devajyoti Barman
(Expert) 31 May 2015
No case of defamation lies on the basis of statements made in petitions.
DO not repeat your queries. IT IS NOT ENCOURAGED HERE.
R.K Nanda
(Expert) 01 June 2015
repeated query.
Guest
(Expert) 21 June 2018
What is the logic, sense and purpose of agreeing with the advice of experts after more than three years of the closure of the query after being resolved?
Guest
(Expert) 21 June 2018
What is the logic, sense and purpose of agreeing with the advice of experts after more than three years of the closure of the query after being resolved?
Guest
(Expert) 21 June 2018
What is the logic, sense and purpose of agreeing with the advice of experts after more than three years of the closure of the query after being resolved?
Guest
(Expert) 21 June 2018
What is the logic, sense and purpose of agreeing with the advice of experts after more than three years of the closure of the query after being resolved?
