Publication of divorce in newspaper

NIL

Dear all,

After the divorce is awarded by the court, can a spouse announce the divorce (with picture of the spouse) through newspaper?  Is he/she entitled to do so? Will it amounts to any defamation issue?

When husband and wife are into some business dealings, there is always a room for misuse of other's name or their position after divorce. In order to prevent such misuse, can this be done?

Regards,

Nandha

 

 
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Worker

i think a public notice should be published in news paper - BUT NOT SURE !!

MAY BE - u have to file application for permission of publication, stating grounds to allow application.


HMA, 1995 states - 

 

22      Proceedings to be in camera and may not be printed or published

(1)        Every proceeding under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgement of High Court or of the Supreme Court printed or published with the previous permission of the  Court .

(2)        If any person prints or publishes any matter in contravention of the previous contained in sub section(1), he shall be punishable with fine which may extend to one thousand rupees.]


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Advocate

I am of the view that there is a distinction between proceedings in the court in camera, and finality of the case by delivering Judgment. As such, it may not be illegal to publish the same in media, as even the decision of the court can be criticised or debated in news paper etc. But this is my personal view only.


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NIL

I am not referring to the court proceedings here.

What i meant was that after divorce is awarded, can I personally put a public notice in newspaper that she is no more my wife and any dealings by her on my behalf  has no legal binding on me!

It is like that a public notice issued by a company when an resigns or is dismissed and no more part of the company!

I think there should not be a problem in issuing such notice.

Can i have experts advice on this?

Regards

Nandha

 
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Legal Evangelist - TRIPAKSHA

Don't do it, she still would have some option for appeal.

 

 


Regards,
 
Shonee Kapoor

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If the real intention of yours is genuine (that is, to prevent her misusing your name for business deals), it need not be done (no one could sue you for fraud even if she does, after your divorce, there is no need to carry such announcements in newspapers). You are automatically immune in a court of law once the legality of the divorce is established before the period when transactions occur, unless you have some registered business partnership with her or any other such relationships outside of marriage.


If the main reason is just to spite her, you can go ahead and do it. If she files a claim of defamation, depending on how you word that notice, she may or may not be able to win the case. A good lawyer should be able to draft it in a clever manner to prevent a defamation case.

 

 
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Worker

Yes !


one can publish his own marriage everywhere, provided that the marriage is legally valid.


but if the wife is planning to get married secretly, and working in collusion with the other party to the second marriage (which would be void ab initio), such a publication would not help at all.


the second marriage would be void ipso jure

ref : HMA sec. - 5 (i) + 11 + 17 + ipc 494 + ipc 495

 
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NIL

@shankar

Thanks for your input. 

 
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NIL

i just across the news article, how a woman misuses her husband's name after divorce.

 

http://yourdivorceadvocate.blogspot.com/2011/12/divorced-woman-cant-use-exs-name-rules.html

 
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