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vishalkapur@hotmail.com (proprietor)     28 November 2013

Grounds for defamation

my seperated wife levelled grave false allegations of adultery on me by filing a complaint in the police station.

the complaint's reply was submitted by me in the police station.

the I.O. closed the case.

but she used the very said complaint in every case filed in courts :

1. divorce case, she pleaded for divorce on adultery grounds.

2. custody case, she pleaded that i should not be allowed to meet my child because am adulterous, and filed the same police complaint as mentioned above.

my question is that whether i can file for defamation suit or not. 

she filed the police complaint in jan,2011and its november 2013 now. so almost three years will be completed in jan,2014.

can i file civil suit or criminal suit ?

what are the legitimate grounds for the same and what are the acceptable proofs for the same ?

 

please reply to my serious query asap.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     28 November 2013

Obtain the certified copies of the closure of he complaint along with the copy of the complaint itself, if you find that the complaint was closed by the IO after finding nothing true in the complaint, you can go for a defamation case against her through criminal law but you should have done it immediately and not a thought over case.


(Guest)

Hello.

The essentials of defamation under the IPC are that,

  • There should be existence / publication of an imputation made by a person;
  • Such imputation may be words spoken or written signs, or visible representation;
  • It should be made to injure or having knowledge to believe that it will injure reputation of a person.

In your case, these ingredients have been fulfilled. Accordingly, a case for defamation is made out. You may refer to the judgment which was passed by the Bombay High Court in June, 2013. In that case, the Court upheld the conviction of a man leveling false adultery charges against his wife. In that case, the man had levied charges of adultery against the wife in the divorce a case which was going on between them. The case was filed in the mentioned case after two years. Alternatively, you may refer to the judgment of Punjab Haryana High Court in the case of Jit Singh Versus Baljit Kaur, 1999(3) R.C.R.(Criminal) 406, wherein the husband had filed a divorce petition levelling the allegations of adultery against his wife. The divorce was granted by the Matrimonial Court. It was observed in the case that it was obligatory on the part of the wife to make a separate application before the Matrimonial Court for prosecution of the husband under Section 340 Cr.P.C. for filing the complaint under Section 193 IPC. You can initiate criminal proceedings, though it is recommended that you do it as early as possible, since you have already waited for almost 3 years. With regards to the acceptable proofs required for the same, you can prove in the Court that the allegations were false, and you may bring witnesses in this regard. You may also cite that the opposite party has not been able to produce any witnesses in support of the allegation of adultery made against you. You may also produce a copy of the closure of the complaint along with the complaint as has already been stated by Kalaiselvan Sir and also agree with him on the ground that you should have done with immediately and not as a thought over case. Good luck.

–Regards,

Advocate Pooja;

www.lawkonect.com


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