Defamation...what is publication ??b
Rishi Awasthi
(Querist) 08 March 2012
This query is : Resolved
Hi Experts,
I have come to hear that some very good experts are on this website. I need to know the correct legal guidance.
My wife and me are in fight with each other. She has filed all cases against me, 498a, 406, DV, Section 125. I have also filed a divorce petition against her.
Even after this she would continously file a complaint to my police station stating something or the other.
Troubled by all this, I also filed a complaint to the DM(District Magistrate) and the police station in her area
she is doing wrong like in the Court she says she is having no source of income she needs maintainence from me, however she has advertised in the local newspaper that her first floor is available for rent and I also inquired secretly from the tenant that the rent agreement was done between her name and his and she would sign the rent receipt so I asked the DM and the police station to inquire into all this.
But to my surprise she has sent me a legal notice that she is going to file criminal defamation against me. Is giving complaint against someone to Distict Magistrate and the police is "called as publication and publising" as per their legal notice. While I have this evidance that there is a news advertisment for her parents house in which she is the contact person for giving the house on rent and she is also taking the rent money and signing on the rent receipt but in the court she says that she is not having any source of income.
I had written the complaint to the District Magistrate and the police station to help me get the copies of the rent receipts and the rent agreement as the tenanat whom I met told me that he could not give it directly to me as he did not want to get into a fight with her. If this is the way it is going to work then every1 who files a complaint to the police will get a notice by accused for defamation.
Please help me understand this point whether by asking police to inquire and get proofs regarding offense against somebody means you have published information to defame him. Is this correct??? Is there any judgement?
This will wreck havoc on anybody who wants to have the police inquire investigate and collect proofs.
PARTHA P BORBORA
(Expert) 08 March 2012
filing a false case or filing an fir is not a defamation. if the case is a folse one the aggrived party may file a malicious prosecution case claiming compensation.
More over to prove her income in a case for maintenance you ask the court to issue simmons to the tenant of you wife to appear before the tm with rent receipts, as defense witness.
Shonee Kapoor
(Expert) 08 March 2012
No case lies against you. Remain cool and fight other cases on merits.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 09 March 2012
for successful defamation case she has to prove that the allegations made by you are wrong.
If she is having income from tenants then also charge Income Tax deptt against her.
By the way what happened to 498a case. If it is dropped then you make a defamation case.
Such like person get domesticated even by a single night stay in lock up.
V R SHROFF
(Expert) 09 March 2012
NO DEFAMATION CASE.
To prove her income, you file documents in evidence , like news paper ad, + call tenant as witness.
do not take it so serious.
Rishi Awasthi
(Querist) 09 March 2012
Sudhir Sir,
Very good advice. I have her PAN number, I will write letter to IT authorities also. But now I am very afraid, agian if she files case for "publishing". I have seen in cases u prove innocence later but first u go thru harassment. That i why i want to know by any judgement u have that whether filing any complaint to police or IT authority will b publishing. I want to have mental peace. I dont want any more mental havoc.
PARTHA P BORBORA
(Expert) 09 March 2012
filing a case or complain is not a defamation. Don't worry about it. Good luck.
