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Vadde Sreenivasulu   08 July 2018

About 498A

about 498a case in my family one member discharge they will apply defamation in court



Learning

 2 Replies

Raghav Arora   08 July 2018

Hi! Thanks for the question!

Yes, the discharged member can file a defamation case separately. There are two conditions to consider before that -

1. The order that discharged the member from the case should not have any clause restricting a defamation suit in future.

2. The time that your opposite party has to file an appeal against the order of discharge should have passed. You cannot file a case of defamation before their time for filing an appeal has passed. If you file such case and they appeal at the same time, your application shall fail.

Good Luck!

Kumar Doab (FIN)     08 July 2018

One can contemplate such action.

However IT shall be better to obtain proper legal opinion for IT


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