Is defamantion justifiable?


I got married in 2003 and after 3 months of martial life, we got seperated. Means we are seperated since Aug 2003. My wife filed 498a (2010) and DVC (2007) cases against me, my parents and my three sisters and blaws as respondents R1 to R9.  She make lots of false allegations in his petition and prayed for reliefs in the court from R1 to R9.. Important point here is my younger sister got married in 2005 and my wife never saw my last brother in law, however she had his name as R9 in 498a and DVC. when we asked in family court during divororce case trail, she said I dont who is R9 and never saw him. Even in dvc trail also she submitted the same fact saying I never saw R9 and dont know who is he. question is, if my brother in law (R9) file defamation case against my wife, can we succeed? My brother in law undergone mental torture when his name is included  in all cases, even he dont who is she filing cases on her. He wants to go for defamation case, putting her petitions and what he said in trail as base. please suggest.

 
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Bangalore

In our  country there is no restriction for any case to be filed.  What will be outcome of the case you can ask Ganesha or Bejan Daruwala.  That no one can tell except the advocate who files the case.  

My advise is, dont bother about defamation etc.  If you dont have work then pursue it.  A world famous Advocate had suceeded in proving defamation, and he was given compensation of 5 lakh rupees.  I can mention his name if you want.  Even he cant gaurantee outcome of defamatoin case.

 
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Lawyer, Scholar

Making a false accusation in Court proceedings are not defamatory per se, mental torture or not, pleadings being privileged statements anyway. Defamatory conduct should be such as to make a scandolous statement by written or spoken, which is false and which actually, demonstrably lowered the repuation of the person in the eyes of another, who otherwise held a high opinion of the 'defamed'.

Don't kid yourself about defamation; this is India; nobody gives a damn even about lying on oath ... forget defamation as a nice fantasy. Perjury and defamation are luxury litigation best left to those with lots of money and no better way to spend it. The hard, sad truth for you.


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FIN

Your lawyer can agree with our inner wishes to file such cases.

You are your lawyer's client.

 

The basic requirement is irrefutable evidence and solid arguement to convince court.

If there is none, rather focus on all ongoing cases and try to win these.

 

 

 
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You have enough grounds to make a prima facie case of defamation. It will need some massaging of complaint but it is doable. Don't expect the case to lead anywhere (conviction, winning compensation) though. If you are only interested in harassing the other side by making them defend the case, run around, spend money etc. then you are on right track. All court cases in matrimonial matters are just about harassment and posturing anyway.

Filing case has some benefits for you:

(1) It will give your angry feelings an outlet. Rather than seethe in anger and have dreams of violence against your in laws, you can focus energy, time and money on drafting complaint, following up with lawyer, attending dates etc. 

(2) It will anger and frustrate your opponent. Matrimonial disputes in India only come to an end via mechanism of outrage fatigue. Both sides need to get tired of the fight before the fight ends. Your case will help move that cause forward.

(3) You have only seen defendent side of Indian legal system. It is easy to believe that it sucks to defend, grass must be greener on other side and complainants just dance around in glee everyday. By filing case you will see the reality that complainant ends up with more pain and frustration than defendent, the legal system is ruthless and indiscriminate when it comes to dishing out frustration. 

 
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The overall purpose of legal system is to prevent people from indiscriminately killing each other over silly disputes. Human nature is capable of taking simple argument over samosa and escalating it into a blood feud. Legal system puts a check against this basic tendency. Instead of turning a dispute into rivers of blood, the system channels energy into creating piles and piles of paper affidavits. People complain about so many false cases running in courts. In my opinion these cases are a better way to manage difficult emotions than riots and honor killings. The system is working as it is designed to work. 

 
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Bangalore

Filing a case is not enough.  I say, you should not give the opposite party to even scratch bum, that many cases you should file, whose outcome should neither be detrimental to self or do damage to the opposite party, just should luxuriously while away time, say a decade or so.  Then your exercise of filing case of defamation will be justified or else simply filing one case is of no use.


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By fighting your own case since many years do you think your brother in law get relief by filing case? Nothing he will get. filing any case is wastage of time and money. If your brother in law has no work or very rich or want to time pass in court then should file any case.
 
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