Kumar...... (occupation ) 08 February 2013

Jurisdiction

Hi,

My wife filed 498a on me and my family members (parents and brother) in Bhopal in the year 2007, i was arrested at my office in Bangalore on Jan-2008. After filing 498a my ex wife filed divorce case in Bhopal family court in the year 2009, which was dismissed because she didn't appear.

Aug - 2012 i and my parents have been acquitted from the case. The judgement passed was misuse of 498a by my ex wife. In 2011 i filed for divorce at Hyderabad on the grounds of cruelty and the divorce has been granted with a permanent aligmony of 3 lakhs to be paid to her. My ex wife and her parents stay in Hyderabad and i stay in Bangalore.

I want to know where can file defamation against my ex wife and her parents.

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8 Replies

SRISHAILA.DHARANI (Advocate&consultant) 08 February 2013

Hi Kumar,

You can file the defamation case in Bangalore.It will be convenient for you also.

srishaila,advocate,9741425514,sdharani120@gmail.com

Kumar...... (occupation ) 08 February 2013

Originally posted by : SRISHAILA.DHARANI
	Hi Kumar, You can file the defamation case in Bangalore.It will be convenient for you also. srishaila,advocate,9741425514,sdharani120@gmail.com

I have consulted a famous advocate in bangalore his assistant is saying that jurisdiction will be only Bhopal, can you pls help me to understand why he said like that and why are you saying that i can file the case in Bangalore pls don't think otherwise

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 08 February 2013

A Civil Action for damages for defamation has to be filed within 1 year of publication of defamatory materia. A criminal case on the other hand can be filed within 3 years from date of publication/acquittal.

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 08 February 2013

Since a part of cause of action i.e your arrest which caused defamation - happened in Bangalore - Bangalore would indeed ahve jurisdiction, and since the impugned matter was filed in Bhopal - Bhopal has jurisdiction as it is.

SRISHAILA.DHARANI (Advocate&consultant) 08 February 2013

The reason is , while you were working in Bangalore, you have been arrested and the same has been conitnued in

Bhopal, thats why i told you to file in Bangalore and it will be convenient for you to moniter the case and also some times you have to appear before the courts for giving evidence etc etc.

The reson given another person, ie., assisstant of a lawyer, is for the reason that the complaint has been filed in Bhopal.

You can choose the place for filing the defamation case.

Kumar...... (occupation ) 08 February 2013

Originally posted by : Adv. Bharat Chugh
	Since a part of cause of action i.e your arrest which caused defamation - happened in Bangalore - Bangalore would indeed ahve jurisdiction, and since the impugned matter was filed in Bhopal - Bhopal has jurisdiction as it is.

do i have to produce any documentary evidence to prove defamation in bangalore other than arrest documents ??

SRISHAILA.DHARANI (Advocate&consultant) 08 February 2013

No.The document now what you are having is enough

Kumar...... (occupation ) 08 February 2013

Originally posted by : SRISHAILA.DHARANI
	No.The document now what you are having is enough

Now i have acquittal document in Hindi and after how many days can my ex wife file for revision petition challanging my acquittal order, will the law be same across India or is it differs from state to state ?