Koushik (LLB) 07 March 2015

When to file defamation case?

Hi,

I am a law student.

My brother's wife has filed a DV case against me for torturing her and beating her children etc etc,, now its going to be 2 years over. Since date fixed for witness, she is not appearing but through lawyer she was praying time. Seeing too many dates of seeking time. Ld, Judge has dismissed her DV case.

My few questions are there and these are given below:

1. Can I file defamation against her? If yes, what is the time limit to file?

2. Up to what amount to claim in the defamation case?

3. What is the court fee to be deposited for filing defamation case?

4. What points to be mentioned in the defamation case so that it is not rejected?

Thanks

Koushik, (Law Student)

Reply Follow

3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 07 March 2015

Dear, On what grounds you want to file a defamation case against her .... The case was dismissed but not decided on merits and all .... Kapil Chandna Adv 9899011450

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 08 March 2015

If the case was not decided by the court it only means that you cannot give the judgment as evidence. But you can file the case independently. If she doesn't contest or come to court the case can go against her. I do not know the answer for your questions 2 and 3. As for points her conduct under the dismissed case can be mentioned as one of them. As for further points you have to ask a competent lawyer with details. The allegations contained in her complaint in the closed case can be mentioned as she has not cared to prove them. Under the defamation case your case will stand if she does not prove her allegations. Apart from compensation you should also include IPC 499 and 500 to award her punishment of imprisonment. That will instill fear in her and make her go to the court for years whether you win the case or not.