Regarding a case of defame
Sonika
(Querist) 24 September 2012
This query is : Resolved
can we file a case of defame against my brother's in-laws who asked my brother to get tests to prove that he is not impotent just for their satisfaction. He got married just 3 months back but his wife does not like his attachment for his parents.They keep arguing about it from time to time. Now she (my bhabhi) has gone to her parents home without informing anybody when my brother was busy with my father 's operation and was out of station.
She has told her family that their sexual relationship is not good. Due to which four of her family members came to the hospital where my father was admitted in ICU and asked him to get his tests done just for their satisfaction. He got very disturbed after listening this and does not want to continue the relationship anymore.
I just want to ask whether there is any logic if in future I have to just frighten them that I can charge a case of defame against them.
Sudhir Kumar, Advocate
(Expert) 24 September 2012
For proving defamation he has to prove that the allegation made by his in-laws was false and they knew it to be false. For this he has to undergo a test which they want. If he succeeds in the test even then they have a strong defence that they never knew he was potent.
You asked that :-
"I just want to ask whether there is any logic if in future I have to just frighten them that I can charge a case of defame against them."
The experts on this forum generally do not like to comment on the feasibility of threatening someone with an untenable allegation.
V R SHROFF
(Expert) 24 September 2012
I just want to ask whether there is any logic in ur Query here??
You have a problem so Query ased,
or that there is no problem, and u want to create problem in future , so the Query is asked ??
Do not create problems when there is no problem at present.
Otherwise will be busy solving problem, getting nothing, wasting ur and our time.
Defamation can't succeed either way.
You are looser on both the ends.
ajay sethi
(Expert) 24 September 2012
in fact it is in interest of your brother to undergo potenct test .send email to brother in laws that your ussgestion has been aceepted and you will be undergoing test on .... . further mention report will be forrwarded to them . as pointed by sudhir kumar it strengthens your brother case . your bhabhi cnanot then lay blame on your brother door
