Defamation.
Pooja Shah
(Querist) 22 February 2014
This query is : Resolved
Hello Experts:
Your Advices & Suggestions required on following matter. Before I waste your precious time by detailing the whole matter, I would like to ask the respected experts that:
CAN A MEMBER OF A FAMILY FILE A CASE OF DEFAMATION AGAINST DAUGHTER-IN-LAW ?
To make it brief: My Sister-in-Law (Devrani) has been maligning my husband's reputation by accusing him of getting physically violent on her. Whereas this is absolutely baseless & false.
She is doing all this to gain sympathy from her family & our relatives as she couldn't adjust to our joint family system, which we had clearly told her (in front of her relatives) before marriage that we stay in a joint family.
A month back, my brother-in-law (Unwillingly) & his wife (my Devrani) separated from our joint family. We somehow convinced my brother-in-law to live separately with her, may be, this can blossom their relationship and can lead a normal married life.
Going through our circumstances minutely, anyone can make out that she has done everything with well planning & calculatively. Her sister in USA is a very well game player behind breaking our joint family. (Yes, we have proof – some SMS conversations between her sister & herself which my brother-in-law coincidentally came across).
To self-support her decision to separate from our joint family, she is taking advantage of my husband’s shouting at her when she was talking rudely in front my father-in-law. My husband had shouted at her to keep herself in control (ALL THIS HAPPENED IN FRONT OF HER RELATIVES), but, like as in our telly serials, she added some garam-masala, saying my husband became physically violent on her (HER RELATIVES HAVE BEEN GENUINE ENOUGH ‘TO NOT HAVE ACCEPTED’ HER ALLEGATIONS). May be, she is doing this to intimidate the thinking process of our family so that we fear from her & we stay away from her and she gets to be free from family responsibilities. And, may be, she is trying to signal us that if we say anything to her, she can be disastrous to our family.
Wishing well for my brother-in-law & his married life, we tried to let go of her allegations, but, she is going all-over-the-town to gain sympathy by accusing my husband wherever she gets an opportunity.
Recently, we came to know of this when one of our reputed distant relative told us about it, and this was really tough to face.
Your Advices Required…
Thanks..
Devajyoti Barman
(Expert) 22 February 2014
Law does not make differentiation between family members.
The only criterion is 'publication'. If it occurs the case lies irrespective of relationship.
Guest
(Expert) 22 February 2014
First Serve her with a Legal Notice Notice Regarding the Same
Dr J C Vashista
(Expert) 23 February 2014
Yes your husband can file a case of defamation, collect evidences to prove allegations to be levelled and compensated, issue notice to her (your devarani), keep your brother-in-law in your confidence and proceed.
Rajendra K Goyal
(Expert) 23 February 2014
This is tough to face when told by the relatives.
Going legal path would worsen the situation more. Any thing beneficial would be gained from the legal way is doubtful and in turn she can drag your family in DV case.
Once litigation started it may ruin peace of mind. It would finish relation between the two. Worst you have faced. Some time keeping mum is better strategy.
I would recommend for keeping mum. It may be a bitter pill presently but you would feel its benefits later.
ajay sethi
(Expert) 23 February 2014
dont file any defamation case . it will further antagonize her . your best best is to ask couple to visit a family counselor to resolve their differences . you will only be spending more time and money in courts if you file defamation case .
prabhakar singh
(Expert) 23 February 2014
As regards to your question ?Yes your husband does have a cause of action to sue her for his defamation.But these cases takes to much time yet hardly gets proved in court while defending them is easier.
Hence better avoid is the advice.
Biswanath Roy
(Expert) 23 February 2014
You can file a complaint in the Magistrates' Court u/s. 500 IPC complaining against Devrani that she had published defamatory statement and spreading insinuation in your society, family friends and relatives with the malicious motive to malign and damage the reputation of the complainant and that caused hatred in the minds of the friends and relatives. It is a non cognizable and bailable offense and punishment will be 2 years IMPRISONMENT. THIS CASE IS ALMOST A SUMMERY TRIAL AND WILL NOT TAKE MUCH TIME TO DISPOSE.
prabhakar singh
(Expert) 23 February 2014
OPEN THE GATE THAT LEADS TO HELL!
I DO NOT MIND.
WE MUST LEARN ABOUT PRACTICALITIES BEFORE LEGALITIES.
T. Kalaiselvan, Advocate
(Expert) 23 February 2014
I agree with Mr. Prabhakar Singh's opinion that "WE MUST LEARN ABOUT PRACTICALITIES BEFORE LEGALITIES. "
The open solution is that your brother-in-law setting up his family separately away from the joint family set up, which will solve most of the problems, instead of running behind litigation in the court on this family issues.
Biswanath Roy
(Expert) 24 February 2014
In this platform we the Experts are to give reply to the query of the Author only and advice if any can be added to it thereafter just as a guidance although not solicited. But it appears that we are emphasizing upon our advice only neglecting the query of the Author . Can we do that? Here the query of the Author is "CAN A MEMBER OF A FAMILY FILE A CASE OF DEFAMATION AGAINST DAUGHTER-IN-LAW?" I am afraid to say that we cannot act as a guardian of the Author treating him as a child, can we?
Rajendra K Goyal
(Expert) 24 February 2014
Expert Biswanath Roy ji,
In the given facts what seems to be % of success in the suit. Agree, defamation suits are drawn long and chances of success is very low. Most suitable advise is to avoid legal path and I do not hesitate to go with ld. expert prabhakar singh ji and others while advising so.
Litigation in family would stop relation for life, would be irreparable loss.
Any One can file case against other without considerable cause of action but experts must advise chances of success are very low in such cases.
Biswanath Roy
(Expert) 24 February 2014
@ Mr.Rajendra K. Goyal ji.
In my opinion I highlighted the role of an expert in dealing with the queries of the authors only. I think although we the lawyers are the part of a society but we are neither social reformers nor sociologists, but we are simply professionals.Besides we cannot claim ourselves more wise than that of the Authors more particularly in guessing far reaching consequences of any legal action.
I differ with your views defamation u/s.500IPC CAN BE PROVED EASILY, if any body fulfills its ingredients and proves through the witnesses. I MYSELF CONDUCTED MANY CASES OF CRIMINAL DEFAMATION. SUCH PROSECUTION DOES NOT TAKE MUCH TIME FOR FINAL DISPOSAL.
