Defamation case against the witness and wife family members


Dear Experts,

I would like to see your advise on filing the the defamation case against my wife and his family.

My file filed the 498A and DVC agiant me and father and Mother,

During the charge sheet stage for 498A,my father name removed mentioned that no evedence found against my father,And retained my name and my mother name in charge sheet.

Incase of DVC,in final order it was mentioned that DVC charges are dismmsied against my father and Mother as there is no evidencce against them to prove the charges.

Now i have fillied the divorce case result they fillied the crpc 125(3) for executing the order after 2 years of the DVC order passed,

I would like to ask that if my fathe can file any civil or criminal defmation case agaisnt my wife and her  parenst and witness who gave the statemntes in 498A.Since there was not chargess proved in either 498A or DVC,pls through some light if this work to bring any presurre on opposite parties.

Appreciate your advise on this.

 

 

 
Reply   
 
Lawyer, Scholar

Defamation won't work. Roughly speaking, defamation lies when your reputation is lowered in the eyes of someone who held a good opinion of you; you cannot make that out for false statements made in Court in course of judicial proceedings. If you really want to take her on, make a complaint under Sections 191, 192, 195, 196 199, 200, 203, 211 of the Indian Penal Code, i.e. the offences of false evidence (as applicable to your case). Civil suit seeking damages for malicious prosecution can also be filed.

Having said that, I must add (though I don't wish to act as a dampener on your spirits) but perjury and malicious prosecution charges hardly ever lead to convictions in India; the very reason why liars lie brazenly in Courts.


Total likes : 1 times

 
Reply   
 



What is the opinion of your advocate?

 
Reply   
 

advocate advise to file crimnal and civil suits

 
Reply   
 
Scientist/Engineer

The answer to the question will depend on what the allegations were against your father and mother. IPC 499/500 cases can be used to harass people.

 
Reply   
 

dowry  and harsment allegations.

 
Reply   
 

First you should prove that you are famous person and that your dignity blah blah was defamed by the act of the opposite party.  You might think you are of high repute.  But what are the things you got to prove it?  First prove that and then tell court that you were defamed by opposite party acts. Then there is scope of winning case, overall I dont think you are shah ruk khan or some hirtik roshan, to even able to afford lawyer to file defamation case and fight it without result.  It si a futile exercise to file defamatoino case in india.

 
Reply   
 

Do you think only shah ruk and hirtik has the only name and fame to defame in the society and other are useless? Every citizen of india has their own dignity and if that got dammged with false cases,dont you think that effect the repuation of the person in society?if you are real lawyer and living in the sociey, you may understood how the people will see if some one file the Policee and court cases,people will start talk diffirently and treat differently.

I pity you the way you reply.If one party made the allegations againt you and he failed to prove that allegation then what you do, will be silent think that you are not sharh khan or katrina khife.

 

My question was, the party who made allegation on me are failed to prove it in the court of law/police.where police and ocurt said that no evidence found to prove the allegation are relived after few years.is is not enough to take any action?

 

 


Total likes : 1 times

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu