Filing false case against brother and his father

Raman (Querist) 13 June 2012 This query is : Resolved
Sir,
There was some matrimonial dispute between the my cousin and his wife and his wife has file the false police case against him u/s 498-A.Thereafter his father has filed the case against his younger brother and his old age father( and both of them are innocent). Kindly inform whether his younger brother can file the case for defamation against girl's father. If yes, when and what stage he can institute the same?

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Adv.R.P.Chugh (Expert) 13 June 2012
If I understand you correctly - the girls father institutes a case against the boy's father and brother - It is futile to put a case against them for defamation unless the truth or falsity of facts stands proved, once they are exonerated (either quashed/discharged or acquitted) they can sue for defamation and a lot of other sections.

Devajyoti Barman (Expert) 13 June 2012
Filing a case even if based on false facts does not amount to defamation.

ajay sethi (Expert) 13 June 2012
no defamation case is made out. fight case on merits . wait for acquital . then if you so desire file case for necessary reliefs

Kiran Kumar (Expert) 13 June 2012
let the case be contested on merits....and if subsequently the things are proved to the contrary then you may ask for compensation for malacious prosecution.

not every such act amounts to defamation.

R.K Nanda (Expert) 13 June 2012
Agree with experts.

SHIV KUMAR GUPTA (Expert) 14 June 2012
pl contact me
s.k.gupta
9034023576

Shonee Kapoor (Expert) 16 June 2012
Nothing left to be added.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Sudhir Kumar, Advocate (Expert) 17 August 2012
Querist should not expect a reply on a qury where he does not even disclose what case is filed on father and brother whether civil or criminal and what are the allegations.

Prima-facie one can file case against anyone against whom he has a greivance.

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