Defamation case

Querist : Anonymous (Querist) 02 October 2020 This query is : Resolved
Me and my wife are Hindu's and got married in March 2020,due to not heeding to her demands of a separate house she left the matrimonial home and now she has filed a petition under Sec 12 of HMA alleging I am insane and she wants my marriage to be declared null and void, can i file a defamation case against my wife as this allegation is merely false and baseless.

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A Hindu man whose wife has filed for nullification of their marriage, alleging he is insane, is seeking to file a defamation case. While the court proceedings themselves do not constitute defamation, the man can prove his sanity. However, legal advice suggests delaying any defamation action until the outcome of the ongoing divorce petition is determined, focusing instead on contesting the current case and exploring amicable solutions.

Rajendra K Goyal (Expert) 02 October 2020
She has to prove her charge in the court, in absence of truth the same would be difficult.

Presently oppose her petition

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Rajendra K Goyal (Expert) 02 October 2020
Try to have amicable solution, take help of relative and friends.

If it is not possible to live together or marriage can not be saved, explore the scope of Mutual consent divorce after required period is over.

Advocate Bhartesh goyal (Expert) 02 October 2020
Mere filing of divorce petition on ground of insanity does not amount to defamation. Even court proceedings, trial and judgments do not come under purview of defamation

Dr J C Vashista (Expert) 03 October 2020
You will have to wait for the "outcome" /judgment of the petition before taking further action/decision against the petitioner alleging you to be insane.

Dr J C Vashista (Expert) 03 October 2020
You are already in litigation and must have engaged an able, competent and intelligent lawyer to contest your case, who is well aware about facts / documents and circumstances, what is his /her opinion and advise ?

A. A. JOSE (Expert) 03 October 2020
You can prove in the Court that you are a sane person and allegations are false please.

Rajendra K Goyal (Expert) 03 October 2020
However, from the given fact, it is advised at present not to proceed against her with defamation case.

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