Defamation case (Criminal)

Querist : Anonymous (Querist) 26 April 2011 This query is : Resolved
Kindly guide me : Some persons of society like Section officer of govt Department, President of Church Committee, Partor (Priest)of Church, Local Union Presidents, Local Political Party President of area verify on a plain paper that a Husband beating his ABC(wife)and lodge FIR against Husband under 498a.

Please let me know that Can a husband file Defamation case againt all persons because the huband did not know and they also did not know husband. Husband is residing in some other city

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Kirti Kar Tripathi (Expert) 26 April 2011
Yes, he can. But before taking any action, Husband has to issue notice to the concerned person either to apologize or to prove the truth of the contents.

M.Sheik Mohammed Ali (Expert) 26 April 2011
yes, i agree MR.Tripathi

Sarvesh Kumar Sharma Advocate (Expert) 26 April 2011
yes, i m also agree that husband can file Defamation case in this situation!

Devajyoti Barman (Expert) 26 April 2011
First clear one thing that how you could implicate those persons when the case u/s 498A IPC is filed by your wife only.
If those persons are shown as witnesses of that case then the statement u/s 161 crpc does not attract defamation.
So act cautiously.

Querist : Anonymous (Querist) 01 May 2011
The application of the wife given to SSP is filed due to compromise arrived between husband and wife and SSP did not file case u/s 498A IPC. Husband file case for conjugal rights in the session court and the case is under trial to counterblast the act made by these persons.

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