Wife files 500 on me for showing her adulterous in divorce


Respected Sir/Madam,

                                 My wife files 500 on me for showing her adulterous in divorce case which is still pending. My question is that -- Can the case 500 be filed by wife on husband . Husband is the only person who remains closest to wife and knows what actually the wife is i.e. either wife involved with third person, wife doing cruelty through several of her butchered acts. 

                                 Your valuable suggestions will definitely help me a lot.

 
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Advocate

Yes wife or husband can file complaint under section 500 IPC against opposite spouse if that spouse has by spoken or written words defamed the reputation in public. The allegation of adultery is serious allegation that you need to prove otherwise it can backfire and you will be in trouble. If the Family Court decided the allegation of adultery were not sufficient to get you decree of divorce than your wife's section 500 IPC complaint will go ahead against you to help her in both the divorce  as well the criminal case. The wife’s lodging false criminal complaints against the husband when result in the acquittal of the husband of all the criminal charges, have been held as act of defamation by the wife against the husband, where husband can file criminal complaint u/s 500 IPC.

 
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Respected Sir Vijay Raj ji,

                                    I am having proofs of love chatting between wife and that person which I already put in court of Divorce. Also I haven't defamed her in public, just a civil suit of Divorce (not a criminal case) is filed by me on one of the grounds mentioned in Divorce suit which can only be filed by Husband/Wife (i.e. spouse) and not by any other person. If Husband is putting his view with proofs and if at the worst court is not in the situation to decide adultery until unless the availability of some photo, video proof , even then also court cannot say that the allegation made by me are false because atleast I have kept the fumes of what is burning my life.

                                    Secondly, according to Supreme court only if criminal complaint (but not other than criminal complaint) filed by wife is false then only the husband shall be entitled to Divorce but if that criminal complaint comes out to be non-false i.e. aquitted on basis of insufficient proofs, etc then  HUSBAND  NIETHER CAN GET DIVORCE NOR HE WILL BE ABLE TO SUE HER IN ANY OF THE DEFAMATION CASES. Therefore, I think the case of 500 is non-maintenable in view of the relationship of Husband and wife in the situation when I have already mentioned some proofs in the court.

                                   Please treat my above statements in the right spirit of this topic. Please provide your valuable suggestion on my views hereabove.

 
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