Defamation case

sunil kumavat (Querist) 24 February 2022 This query is : Resolved
I got divorce in 2017 and it was agreed by both parties that no one will try to contact at the place of work.
Also it was agreed to give her a some of money every month. I had paid the money to her since the start of case (2011) . But due to pandemic n some personal reason I could not pay the money for 6/8 months.
So she filed a case to recover the money and send the summon to me. I could not received the summons for 3/4 month so she send the summons at my head office Adress to my regional joint director.

This is a breach of agreement made at the time of divorce and due to this I face embraced at my work place.

Can I file a defamation case against her.

Please give ur valuable guidance.
Thank you.
Sunil

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Quick Summary

A man who missed some payments after his divorce is considering a defamation case against his ex-wife. She sent court summons to his head office, which he believes violates their divorce agreement and caused him embarrassment at work. However, legal advice suggests that providing a workplace address for summons is generally permissible and not a breach of statutory rights, even if it was addressed to a senior colleague. The consensus is that a defamation case is unlikely to succeed based on these facts.

P. Venu (Expert) 24 February 2022
Facts posted suggest no defamation at all.

Moreover, it is the Court which could have served the summons upon you, not your ex-wife.

Advocate Bhartesh goyal (Expert) 24 February 2022
Yes, no any case of defamation is made out on such lawful act of your wife.

sunil kumavat (Querist) 25 February 2022
My wife has given the Adress of my work place name of joint director.

J K Agrawal (Expert) 25 February 2022
She rightfully given address of your office and having statutory right to do so. Your agreement do not limit statutory rights.

sunil kumavat (Querist) 25 February 2022
Office Adress is acceptable but addressing to my joint director is not acceptable this is violation of agreement and defamation .

kavksatyanarayana (Expert) 25 February 2022
Yes. When you are working in an office, your office address will be given by anyone and it is not a violation.

sunil kumavat (Querist) 26 February 2022
Sir I agree with office Adress.
But a dressing to my joint director who's Adress is not my office Adress. That is a violation and this was the condition mention in divorce agreement.

J K Agrawal (Expert) 27 February 2022
An office is addressed to the Senior Most officer. Do not be so panic. contest your case on merits.

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