Defamation case.
M Chaturvedi
(Querist) 03 May 2013
This query is : Resolved
Dear Sir / Madam:
My brother got Divorce through Mutual Consent after Settlement in August, 2012.
But, before Mutual Consent - We were fighting false cases of DV Act 2005 (DV), 498A, 406 filed against us by the Ex-Wife of my brother & Her Family.
We were almost close to prove her & her family Wrong as we had procured her Income Proof, REAL STORY behind her False Doctor's Certificate (which they had attached in her Petition to Falsely Prove DV). But, when they came to know that now nothing strong stands in their favour, they came up for settlement.
Also, our Lawyer suggested to finish-off the matter by settling and not wasting time & future.
We made a Memorandum that both the Parties shall Withdraw cases against each other & also SHALL NOT file any further cases in FUTURE. Also, it was decided & written in Memorandum that the Ex-Wife of my Brother shall co-operate with us in Withdrawing the cases filed against us.
Here, they have only withdrawn DV. 498A is still on - Yes, we know 498A cannot be withdrawn, but, they had committed that She (Ex-Wife) shall give relevant statement to the Honourable Court wherein both the Parties are safe.
But, now where the Divorce is Officially Granted & Technically She is Free. We are stuck up with 498A. She hasn't come to the Court till date. Only once she came, but, the Honourable Judge was absent. After that summons were sent to her home, but, "AS EXPECTED - RETURNED UNSERVED". Now, they are not traceable. we know they are in the City itself. But, it was always their plan to Free themselves & keep us hanging. I had actually cautioned my family members that they (Ex-Wife & her Family) are not Trustworthy, but, my Family just wanted to Free my bro from these animals. OK. Fine.
As of now, the case (498A) is going as usual. If our Lawyer argues & gets us Acquittal (since in this case withdrawal is not done) - Can we file a "DEFAMATION CASE" against them after our Acquittal? since they have not co-operated us in settling & clearing 498A.
Adv. Chandrasekhar
(Expert) 03 May 2013
The attitude which you are showing and the language you are using against the opposite party will not help you to come out of Section 498-A. The proper method is to behave coolly and move an application before the trial court attaching the MOU, where she consented to withdraw S.498-A case and pray the court to issue the notice to her. If she does not turn up on two or three occasions, then move an application before the court as the material witness/complainant is not appearing either to give statement or to give evidence, to dispose the case without resorting to the normal procedure of receiving the evidence of formal prosecution witnesses and taking S.313 statement from the accused. The trial court has got power to do so and the case will be disposed off acquitting the accused. You cannot file defamation case as MOU is prohibiting both the parties to file the cases in future.
R.K Nanda 
(Expert) 03 May 2013
even at present u can file defamation case
against them.
Nadeem Qureshi
(Expert) 03 May 2013
I dont think so that you should file any defamation case against her or her family members untill the court pass an order of your acquittal.
M Chaturvedi
(Querist) 03 May 2013
Thanks Experts:
Sir (Adv. Chandu) - This attitude is because of their behaviour. The Wife had literally abused my parents. We have gone through unneccesary harrassment. Sir, the wife's father was going through financial crisis immediately after marriage and my brother was even ready to take care of the needs of his in-laws till her father gets financially stable. But, they couldn't digest the goodness of my brother.
About, Defamation - Yes, even I was under same impression that We couldn't file Defamation Case as our MoU prohibits filing any further case.
But, MoU prepared between us is about co-operating each other in Withdrawing the Cases. But, in 498A she is not co-operating at all. Cannot this be considered Breach of MoU? Please suggest.
As you suggested - Attaching the copy of MoU & presenting in the Court. Our Lawyer has already tried that. But, the Wife & her Father did not accept to sign the Application.
At the time of Settlement, we had met several times & their Lawyer used to tell them in front of us that Once We get Acquittal in 498A - it means the Wife & her Family has filed False Case. I guess because of this they are not attending the court for 498A. Their Lawyer must have deliberately asked them to stay away.
Devajyoti Barman
(Expert) 03 May 2013
The present circumstance is not fit for for filing defamation case.
R.K Nanda
(Expert) 03 May 2013
u can file defamation case as it has separate
cause of action.
R.K Nanda
(Expert) 03 May 2013
moreover, ur welcome.
Sudhir Kumar, Advocate
(Expert) 10 October 2013
repeated http://www.lawyersclubindia.com/experts/Defamation-Case--390296.asp#.UlbGh1PQzmk
