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Sidharth   05 June 2014 at 19:54

Defamation case after wife distributing her sec 13 hma petition copies with false allegations

Respected Experts, My Wife has Filed Sec 125 and Sec 13 against me one year back. In both of the cases she has put allegations of Impotency, Dowry Demand, Obscenity, Throwing Her Out Of House on me, Which are all false (please take my word for it) and as such has not provided and evidence for any of allegations (None Exists). I am fighting the case diligently and expect to win them, However due to the seemingly biased laws, She is constantly delaying the proceedings by putting up application after application, Because She knows that I being in defence can not find time to keep replying to all these applications and can not prolong the case very long, neither can I afford to keep paying the lawyer for so long. Infact Now my Boss is also reluctant to give me leave for my hearings which are twice in a month.
Now I had been planning to Put Sec 499 (Defamation) on my wife so as to stop her from putting applications. However in most cases Defamation is not accepted by Court if the allegations are only made in court and not to a Third Party or Publically. But Now She has sent a letter to My CO allegating same (Impotency, Dowry Demand, Obscenity, Throwing Her Out Of House) along with a copy of her Sec 13 application. Thus in a way she has publically alleged me of these things and has herself disclosed the court proceedings to a Third Party and making is a satisfying condition for Sec 499. So based on the copy of her letter to my CO, Can I now file a Defamation Suit on her..???

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