05 December 2011
We are both Catholic Christians having arranged married registered under Special Marriage Act. Marriage was not consummated due to severe incompaitbility. 2 months after marriage wife left the house and filed for dissolution of marriage on the alleged ground of my impotence in the Church Tribunal. I was sent for Medical Test and when reports came showing my potency, she stopped following up the case. She then filed for nullity of marriage in the court on the same ground. I contested the case and filed counter claim of divorce based on wilful refusal to consummate. After a long legal battle of many years, she finally stopped following up the case and I was granted exparte divorce decree on my favour.
1) Can I file for defamation (as she filed such grave allegations in the church which affected my social standing)? If yes, is there any time period for this? 2) Can I file for compensation and damages as this has reduced my chances of getting a suitable match in the future?
06 December 2011
1) Can I file for defamation (as she filed such grave allegations in the church which affected my social standing)? YES!YOU CAN!!!!!!!!!!! If yes, is there any time period for this? 01 YEAR FROM THE DATE OF DEFAMATION CAUSED OR MADE PUBLISHED[PART VII - Suits relating to torts-Article 75&76]
2) Can I file for compensation and damages as this has reduced my chances of getting a suitable match in the future? ANSWER! Most probably not since the damage must be of a foreseeable type. Remoteness rule of damages views that Not every loss will be recoverable in tort law.
What you wish to enforce then ,if allowed, would be a litigation productive cause available to every divorce decree holder. When we marry ,we hope for a positive out come in life,if it turns negative then we have under taken by implication to bear it at the very first date of marriage.Let me show you by a partnership where only sharing of profit is agreed and defined but loses are implied.Like wise entering into a marriage in any form of marriage,spouses carry positive side of a marriage but negative side may be a out come which they have to bear.