Maintainability of criminal defamation
PARTHA SARKAR
(Querist) 11 March 2012
This query is : Resolved
Kindly advise in divorce suit u/s 13 of H.M. Act, 1955 made defamatory allegations i.e. “….physically unfit I sexual matter and was also suffering from different diseases like acute appendix problems and nerve problems. He is also psychiatric patient”. After obtaining medical certificate from Govt. concerned in my favour whether a criminal defamation case u/s 499, 500 of IPC is maintainable during pendency of the above suit?
Adv.R.P.Chugh
(Expert) 11 March 2012
Yes - It is maintainable - how far sustainable would depend on gravity of allegations.
There is a precedent Ramesh Kumar Sharma v. Akash Sharma AIR - 2008 - in this case - W levelled some allegations in WS - Case for Defamation held maintainable.
PARTHA SARKAR
(Querist) 11 March 2012
Sir,
1. May I file the case in my residence jurisdiction though divorce suit is pending at her own residential jurisdiction?
2. On the same cause of action a fresh 340 of Cr.P.C. is maintainable at the same court simultaneously?
Adv.R.P.Chugh
(Expert) 11 March 2012
For Defamation cases no S.340 maintainable - as there is no bar on taking of cognizance as per S.195.
As regards criminal jurisdiction - all crime is local - the place where publication is done, which is indubitably the court - you know the jurisdiction (S.177 CrPC)
PARTHA SARKAR
(Querist) 11 March 2012
Sir,
1. Demation case I will file at my own jurisdiction.
2. On the same cause of action may I file sec 340 of CrPC at her court where divorce suit is pending.
Kiran Kumar
(Expert) 11 March 2012
Defamation is out of different cause of action and S.340 Cr. P. C out of different cause of action.
bare reading of the sections will provide you the distinction.
V R SHROFF
(Expert) 11 March 2012
defamation cases are useless and ineffective in 98 %
Shonee Kapoor
(Expert) 11 March 2012
Is it maintainable: YES
Is it of any value: MOSTLY NOT
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair
(Expert) 12 March 2012
I endorse the views of Mr.Shroff and Mr.Shonee Kapoor.
Defamation case is maintainable in your matter. You can manage to drag your wife and her parents to the court, but, other than that no gain is guaranteed.
Guest
(Expert) 13 March 2012
Dear Partha,
I do not differ with the opinion of other experts, but irrespective of divorce is granted or not, the defamation case would become solid only after your client wins the battle by proving the wild allegations wrong.
So, one at a time would be better instead of opening two fronts at a time and allowing the other party to gird up loins in a bid to prove its allegations by hook or crook.
