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sudha (n/a)     16 October 2015

Defamation after divorce

Good Evening,

I would like to thank all those who gave their suggestions in my previous threads.

 

This is my previous post Regarding a Divorce Case :

 

 

 

https://www.lawyersclubindia.com/forum/Divorce-filed-by-husband-on-grounds-of-cruelty-115939.asp#.ViD73X4rLZ4

 

Now this Divorce case judgment was passed 45 days ago

 

Even though husband filed the case on cruelty grounds, he was not able to prove his contentions.

 

Husband being IMPOTENT tried to establish himself as Potent, he made a story that his wife got pregnancy and got it aborted. To add color to that he also produced fake reports from a private hospital, which he failed to prove in the court.

 

But the Divorce was granted as his wife is also willing to take divorce from him.

 

Now her husband is showing the fake abortion reports to the relatives of the girl (both of them belong to same town )  , so that no one will marry her again.

 

We need your suggestions to go ahead further.

 

1). Can the girl file for Defamation (regarding: pregnancy and Abortion which is false) in the same court ?

 

2). Can the girl file a petition to Human rights as the husband is spoiling her life by spreading rumors?

 

3). Till now the girl did not receive any of her gold jewelry and cash from in- laws, Now can she file for getting back her property?

 

4). Also after getting Divorce can she ask for share in husband’s property as compensation?

 

Plesae give your valuable suggestions

 

 



Learning

 6 Replies

saravanan s (legal advisor)     16 October 2015

1.i think sec 509 ipc will be relevant 3.file sec 406 ipc for recovery of sreedhan items 4. No

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     17 October 2015

Yes she can file the defamation suit or complaint before civil or criminal court as you think fit.

In Civil Law,defamation falls under the Law of Torts, which imposes punishment in the form of damages awarded to the claimant (person filing the claim). Under Criminal Law,Defamation is bailable, non-congnizable and compoundable offence.

1 Like

Samir N (General Queries) (Business)     17 October 2015

Yes... defamation suit is maintainable... you will have to first prove that you did not have an abortion, then you will have to prove that he was spreading these rumours - knowingly, intentionally and maliciously... and that these rumours have caused you damages... damage to your reputation, etc. Then, you need to quantify these damages in terms of money. How are you going to do that?  THat equation is not easy to establish.  Will your legal expenses + indirect expenses in terms of time and aggravation be more than what you can get? These are practical issues to be considered. If all you care for, is to prove that you are a virgin or whatever... because of the impotency of your ex-husband, then your physical state will speak for itself for potential suitors/partners/husband or whoever...  Courts in India are very stingy in awarding damages. its almost laughable... You got a divorce... start a new life and move on.  

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     17 October 2015

1. Yes, a suit of defamation as well as a criminal case of defamation is maintainable. Though to stop the nuisance, you can take an injunction against your husband too.

 

2. No, you can not.

 

3. Though an application u/s 26 of HMA could have been filed. Any case at this stage for jewellary may not stand. Though you may try.

 

4. Wife can seek alimony u/s 25. The amendment in Marriage Acts as envisaged under Amendment to Marriage Act, 2010 has not yet been passed hence as of now wife can not seek share in husband's property.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     18 October 2015

Rightly concluded by Adv.Shonne Kapoor.

T. Kalaiselvan, Advocate (Advocate)     21 October 2015

 
1). Can the girl file for Defamation (regarding: pregnancy and Abortion which is false) in the same court ?
Since the matter has already been disproved in the court, his false propaganda in the society with an intention to spoil your name in the society and family and friends is a clear act of defamation attracting penal provisions in criminal law and can also claim compensation towards the damages through civil court.
 
2). Can the girl file a petition to Human rights as the husband is spoiling her life by spreading rumors?
Yes she can move an application before human rights commission too for infringement of her rights by spoiling her reputation in the society.
 
3). Till now the girl did not receive any of her gold jewelry and cash from in- laws, Now can she file for getting back her property?
She can lodge a complaint wit the local police of his jurisdiction under section 406 IPC seeking her stridhan property from his custody. 
 
 
4). Also after getting Divorce can she ask for share in husband's property as compensation?
No she is not entitled to stake a claim for a share in his property even if she has not divorced him.
 
 
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