498A/406

Kumar (Querist) 30 March 2010 This query is : Resolved
We are victim family of 498A/406,as abused party filled a divorce case with 498A /406 just to settle Divorce case in own way, in divorce case during cross somewhere she admiited same case is counter blast of Section 09 (HMA)as 498A/406 /Sect 13 having a same language & drafting it has no change except compulsary change court name /prayer and all,
respected Sir, we are five members include main accused,

as Case proceedings going on next date is fixed PE II ,
Right Now at this stage can we file a Defameation/ malacious intention to destroy us, as we face lot of mental torture/physical abuse by Police/ financial loss in this case ,
as 498A case at very early stage (charge frame)

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Devajyoti Barman (Expert) 30 March 2010
Since the 498A case is yet to be concluded and you are also yet to come out unscathed , it is not advisable to file a case for defamation only because some of the allegations are untrue. Even acquittal from criminal cases does not ipso facto give rise to defamation case.
However if the allegations are really wild and after the evidence you have strong prima facie proof to show its falsity then you can file case for perjury.

Guest (Expert) 30 March 2010
I do agree with Mr Barman

Raj Kumar Makkad (Expert) 30 March 2010
Nothing to add in the opinion of Barman.

Kiran Kumar (Expert) 30 March 2010
i agree with Mr. Barman

and would further like to advice you, not to indulge too much into litigation, it may spoil your own future, let the matter conclude as soon as possible.