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Eswar   17 February 2017

Is defamantion justifiable?

I got married in 2003 and after 3 months of martial life, we got seperated. Means we are seperated since Aug 2003. My wife filed 498a (2010) and DVC (2007) cases against me, my parents and my three sisters and blaws as respondents R1 to R9.  She make lots of false allegations in his petition and prayed for reliefs in the court from R1 to R9.. Important point here is my younger sister got married in 2005 and my wife never saw my last brother in law, however she had his name as R9 in 498a and DVC. when we asked in family court during divororce case trail, she said I dont who is R9 and never saw him. Even in dvc trail also she submitted the same fact saying I never saw R9 and dont know who is he. question is, if my brother in law (R9) file defamation case against my wife, can we succeed? My brother in law undergone mental torture when his name is included  in all cases, even he dont who is she filing cases on her. He wants to go for defamation case, putting her petitions and what he said in trail as base. please suggest.



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 5 Replies


(Guest)

In our  country there is no restriction for any case to be filed.  What will be outcome of the case you can ask Ganesha or Bejan Daruwala.  That no one can tell except the advocate who files the case.  

My advise is, dont bother about defamation etc.  If you dont have work then pursue it.  A world famous Advocate had suceeded in proving defamation, and he was given compensation of 5 lakh rupees.  I can mention his name if you want.  Even he cant gaurantee outcome of defamatoin case.

Dr. Atul [9013898936] (Lawyer, Scholar)     17 February 2017

Making a false accusation in Court proceedings are not defamatory per se, mental torture or not, pleadings being privileged statements anyway. Defamatory conduct should be such as to make a scandolous statement by written or spoken, which is false and which actually, demonstrably lowered the repuation of the person in the eyes of another, who otherwise held a high opinion of the 'defamed'.

Don't kid yourself about defamation; this is India; nobody gives a damn even about lying on oath ... forget defamation as a nice fantasy. Perjury and defamation are luxury litigation best left to those with lots of money and no better way to spend it. The hard, sad truth for you.

1 Like

Kumar Doab (FIN)     17 February 2017

Your lawyer can agree with our inner wishes to file such cases.

You are your lawyer's client.

 

The basic requirement is irrefutable evidence and solid arguement to convince court.

If there is none, rather focus on all ongoing cases and try to win these.

 

 


(Guest)

Filing a case is not enough.  I say, you should not give the opposite party to even scratch bum, that many cases you should file, whose outcome should neither be detrimental to self or do damage to the opposite party, just should luxuriously while away time, say a decade or so.  Then your exercise of filing case of defamation will be justified or else simply filing one case is of no use.

1 Like

A walk alone (-)     20 February 2017

By fighting your own case since many years do you think your brother in law get relief by filing case? Nothing he will get. filing any case is wastage of time and money. If your brother in law has no work or very rich or want to time pass in court then should file any case.

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