Dear Respectable members,

Please advice me, whether it will be a good idea to file defamation case against wife side or not in the following circumstances?

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Husband filed a divorce case against wife on cruelty and desertion grounds. Wife in her counter said husband is impotent.

But, in the medical board issued a medical report, in which husband is found to be normal (i.e potent). Due to this allegation,

husband faced and is still facing lot of flake & his image is spoiled in the society. Even after medical report, comes in his favor,

still ppl see him with suspicion and it is very disgraceful experience for him daily. So, he wants to file a defamation case against

wife side ppl, whoever alleged, so that it will be a lesson for them in the future that they wouldn't again indulge in such bad

allegations against anyone.

I am asking you following questions to tell me from your experience and knowledge.

(1) Is it a good idea to file a defamation case. If answer is yes/no why?

(2) Will the judge's show leniency towards girl side people and whatever husband intended to happen, will not happen?

(3) Is there a chance for them to escape punishment?

(4) Will the lawyers simply only exploit me financially, and nothing happens to them?

(5) How long it takes to decide the case (pronounce judgment), even though there is a medical report?

Regards

Naresh

if you both are living in the same residence as husband and wife after the case u/s 498a having fallen away, it may be fruitful to go in for a case for defamation.

IPC 499, 500

Repeated query.

Answered in the expert section.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

I see very thin chances in succeeding defamation case for the following reason.

In hindu matrimonial law, impotence is understood differently than in scientific terms.  The impotence alleged is towards the respondent not to universal.  If she succeeds that there was no physical relationship between him and her, even though husband succeeds that he is not impotent by way of medical report, he will not succeed in defamation case.