Can a victim be defamaed ??
Querist :
Anonymous
(Querist) 12 November 2011
This query is : Resolved
I am a victim of being a helping hand. In our society in Lucknow there is a man who would continuously beat his wife everyday and his wife would cry and come to each and every people for help. Being the president of the society she would regularly come to my house for help. One day fed up of her husband's torture I took 2 people from society and complained in writing to the police station about the husband that he is creating nuisance in our society by regularly drinking and regularly beating his wife and used my contacts in police and put him in the lock up for 24 hours. The police did not file any FIR for that. Now this man has stopped beating his wife but it is extremely shocking for me that he due to the police fear now is living okay okay with his wife and his wife also with him but he has now to seek revenge from me for putting him in the lock up instead got a civil defamation suit filed by from wife that I have defamed her by filing a false police complaint that she is being beaten up regularly from her husband after he gets drunk and is seeking a compensation of rs. 50lacs. No one wants to help me now because now everybody is afraid of becoming a helping hand and then getting troubled for that. What can I do? I only complained to the police that she is being beaten up by her husband after he gets drunk to save her and have social peace in the society and here instead she is complaining that I have defamed her !!
If this is the way the society will be nobody will come forward to help anybody. Please a good lawyer help me what should be the strategy reply/written statement in thi s case?
Can this case be quashed in the High Court?
Devajyoti Barman
(Expert) 12 November 2011
No suit for defamation lie for loging a false complaint before the Police.
So the suit is a frivolous one and would fall flat.
Now who signed the complaint to the Police? If it is she, then defamation, if any lies against her first.
It is really a shameful thing to know that your society is full of cowards and in spite of knowing the truth no body is coming up in your support.
Anyway remove any kind of doubt from your mind. The suit for civil defamation would not succeed.
If the ingredients are there which could be determined only after seeing the Plaint, petition for rejection of plaint under Order 7 Rule 11 CPC could be filed.
Querist :
Anonymous
(Querist) 12 November 2011
Sir,
I had signed up the complaint against this man that he is creating a scene for many many days by drinking and then in that intoxicated state, shouting, screaming, abusing and beating his wife and breaking things which is all disturbing the peace in our society. I had given the receiving of that police complaint copy to his wife so that she can be assured that as society we were doing something for her. Now this man has turned the tables against me by emotionally manipulating his wife and filing civil defamation for rs 50 lacs against me. In the petition she has said that I have defamed the reputation of her and her matrimonial household by saying that her husband used to beat her, torture her and abuse her. That is the point of defamation she has raised. Does it any way make sense??
prabhakar singh
(Expert) 12 November 2011
Has she Paid court fees on 50lakh?
What does her husband do??
What does she do???
Querist :
Anonymous
(Querist) 12 November 2011
We both are working in UPPCL (Uttar Pradesh Power Corportation Limited) but at different locations, her wife is a housewife. As for Court fees I consulted somebody and he said that if you have received the summons then it means that the court fees has been completely deposited.
What should be my stand in this suit, how can it be dismissed, she has said that her husband is not a drunkard and does not beat her but I have defamed her by saying that I have defamed her by saying that her husband beats her. How can a victim be defamed??
Please advice how can I fight this case? My car is also on a loan, how can I give her 50lacs?
prabhakar singh
(Expert) 12 November 2011
First of all i do not look a case of defamation?
On her charges ,even if proved,it can be a case of false LODGING OF an FIR.
I was trying to assess by my inquiry if they are really people of status whom a defamatory damage of 50 lakh can be caused??But you have not supplied me facts desired.
It is not necessary that as notice has been received she has paid the court fees.
Some time suits are filed as indigent on ground that she has no means but file the court fees later.IS THERE COPY OF PLAINT ATTACHED WITH NOTICE AND SUMMONS RECEIVED SHOW DATES FIXED FOR FILING YOUR WRITTEN STATEMENT AND ISSUES SHOWN THERE IN???
Can you attach the copy of plaint.
Querist :
Anonymous
(Querist) 12 November 2011
No I dont want to attach a copy of the plaint because it has my address, I dont want to disclose my identity as I am a government servant and I dont want to have any problem with my government job. It is a 3 page suit. Annexure is the police complaint by me, annexure is the house in which she is staying with her husband, they are the property owner(she has said that they are living amongst decent people and are entertained by decent people)
Yes, date for my appearance is 13th Decemeber.
Querist :
Anonymous
(Querist) 12 November 2011
one person i consulted said that defamation is the latest fashion in town for harassing and troubling people just like 498a is for married women. Just file defamation case on any 1 2 3 grounds and trouble the other person.
prabhakar singh
(Expert) 13 November 2011
From your this information at least one fact is confirmed that suit has been numbered and court fees is paid there on .
prabhakar singh
(Expert) 13 November 2011
A false FIR does give cause of action to sue for libel[published defamation].Human’s reputation is
a jus in rem treated as property.The degree of suffering caused by loss of reputation far exceeds that caused by loss of any material wealth.
Defamation is the publication of a statement which reflects on a person’s reputation and tends to lower him in the estimation of right-thinking members of society generally or tends to make them shun or avoid him.
Unless any justification is possible to prove tendering unconditional apology may be possible defence.
The possible justifications that may be pleaded in any suit of libel may be any
or many of these:
1]truth without any exaggeration;
2]that the comment is fair and bona fide;
3]any kind of privilege.
This is precisely a guidance for defence in the suit from me.
Querist :
Anonymous
(Querist) 13 November 2011
But I told the police in the complaint, that the wife is a victim of getting beaten up by her husband and we are troubled by his shouting and abuses late in night. How can one be defamed when I have filed a police complaint to save that person. Aap hi samjhao mere ko ???
Querist :
Anonymous
(Querist) 13 November 2011
How has the wifes reputation in the society gone down by stating that she is getting beaten up by the husband? This statement should generate the feeling of compassion and love by good sensible people. Why will they say that the reputation of wife has gone down in the soicety and as you said will the right thinking members of the society will look down with bad reputation to a wife getting beaten by husband or not?? It is beyond my understanding. If you are convinced that you will have a bad reputation and defamation image for a wife beaten up by a husband then I will go and talk to his husband and offer him my apology.
Querist :
Anonymous
(Querist) 17 November 2011
Sir,
what should i do? he is asking apology written. If i do that, he will use it as a proof of my mistake in the court case. If i contest the case, i want to know what should be my stand, i cant deny that the complaint was not given by me since it has the stamp and seal of the resident colony of mine and signature of mine as the president. If i take this stand that a victim cannot be defamed will it be a correct stand? Please sir advice, i am only paying a price of helping hand.
