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Rajesh   01 October 2015

Action on post dvc order-possiblity of filing the defamation

Hi Experts,

i would like to seek your advice on the below scenarion.

My wife filed DVC on me and my parents and court passed order saying that DVC dimissed gainst my parenst as there is no evidence provided by the complaint .where as DVC partly allowed against me and passe the order to pay the maintenace amount to my wife.

Now i would like to seek your  opinion to advice me whether my parenst can file the defmation case against my wife and her parents since the DVC on parents are dismissed.

Second if go appeal to the session court,now the case will run only between me and my wife.since lower court is already dimissed against my parenst or will it open against my parents also.

pls suggest on possiblity of filling the defamation case.order is passed on 3rd sep-2015.

 



Learning

 18 Replies


(Guest)

Please dont make your life difficult. I gues you are young people. Enjoy life.In India the litgation is endless. The system has been so designed. Besdies that you should be honest and caring to your spouse.Take good care of her if you can afford. That is in your interst,your family interest and society interest. Most of problems are due to misunderstanding and small points. sort them out.

In India courts areunwilling to accept defamation cases on acquittal.They dont have time for regular cases too. Just clean up your minbd and pass life in harmony and cordiality. Ask your wife also to consult some marriage counsel or and forget small small bickerings.Just find out what your wife wants? If there areserious differeces please go for divorce. But wait , that should be last resort as it too wont come easy ,

Rajesh   01 October 2015

Hi Rajendra Gupthaji,

i really appreciate your advise but when some peope are mis using the the DVC and dowary acts, and you well aware of the pain will undergo becuase of these false cases.if the allegation are true then we will get punished..right?

when the wife and husband is not intrested to live together then can sit and talk in the presnece of elders and get seperated if not intrested to live together.this is my opnion and proposed this but they don't like to give divorce and file the 498A and DVC case make the entire family run around courts.when the people are showing the cruialty by filling the case and make run behind the courts and police stations,how can any one forget so easily.hence i want know the possblity of filling the defamation and processed.

i dont have any issue to pay the amount..infact i have been the amount for last 4 years.

i really appreciate if some one guide me on this if there is any possiblity to file the cases.


(Guest)

Dear friend, DV Act was brought as additional and more effective legislation and not replacement to other laws already in force.It is strictly speaking not a criminal law. But if any one related to lady indulges in breaking order of magistrate then he or she can be arrested or if not obey maintenance order.How can any one harass you in DVAct? It provides for protection , maintenance and residence order to females in distress. It includes all females that are related to you by marriage or blood. Supreme court has already defined in Detail which females are covered and which residence is covered for operation of Act. Please dont blow the things out of way. If you have not done anything you need not worry under this Act .As said before you must ensure your wife/old parents gets reasonable life support  and living space.That is all. If she has income, court will look into this while giving orders. But you got to alow hertolive in shared accomodation /matrimoniaql accomodation or make provision at your cost some where else.Please dont mix up 498a IPC/406/crpc 125 with DVACT. DV Act is additionallegislation not replacement. IT does not have penal provisions unless you berak magistrate orders.

 

SAINATH DEVALLA (LEGAL CONSULTANT)     01 October 2015

I addition to the valuable suggestions made by Mr.Guptaji,

Gentleman DV case is still hanging around UR neck,let the entire cases conclude and then think of defamation etc,orelse U will land into further legal hurdles.


(Guest)

Rajesh rightly said by Expert Sainath ji, you must have heard adage- Jaan bachi aur lakho paye! So get out of this mess you and your parents and make life  easy for yourself and your spouse, if feasible. Involve some counsellor , elder relative known to both.

Please note, law has to balance rights to make police/court complaint and seek justice against defamatory part in it. Any complaint made in good faith and what complainant believed to be correct attime of complaint for sole purpose to get justice cannot be held defamatory. That way no news paper will write against any one and criminals will go scot free. Defamation suits are not easy to win specially after acquittals. It is diffcult to measure and prove quantaum of damages.If acquittal is your right, complaining is complainat's right.Law of defamation is very complex and most of cases are dismissed or compormised.Dont waste your enegry ,time and money in revenges . No more suggestions in this matter! All the best

SAINATH DEVALLA (LEGAL CONSULTANT)     01 October 2015

Rightly concluded by Mr.Guptaji.

1 Like

Rajesh   01 October 2015

I feel this advise are also getting in favor to female only.you are saying DVC is to protect the women but the same was used gainst my mothe who is also women.Final Order is passed by dismissing the complaint, what is there still to hold my neck?i will be paying the amount as per the order.what else is there?

are you guys saying even though complaint is failed to prove the allegations and court dismissed the order,we should take any action?is this law says?

there are many cases where defmation cases are fillied against indvidula who just made allegations or based on stories written in papers which are accepted by court and same running in court.why not in these cases?

we came here by expecting that the expert will provide any advice if any provision is availble for DVC also.not for anything else.

 

I walk alone (Asst Manager)     01 October 2015

Sainathji, Rajendraji, very truly concluded.

Just put some thoughts in this too...

A husband tortures/humiliates/ill-treat his wife, gets punished + maintainence

A wife does the same to a husband, gets threats from Police, gets threat from in-laws, then pays maintainence and finally pay one time out-court settlement to clear his headache....

where is the eaulity in the eyes of law?

Rajesh   01 October 2015

We are coming to this forum by thinking that the options which are available in law will be dicussed beucase of the expertise presence here..Not just for compromise talk which any way we will get  from well wishers and our personnel lawyers.


(Guest)

Have youn been harmed  in any manner by learned maguistrate under PWDVA 2005 proceedings? Please note differnce between compromise and concilliation. Toady even civil procedure court has been amended to incorporate mandatory reconcilliation bedore start of formal trial. Senior advcoates are involed such proceedings in courts.Dont be hostile to yourself. A mother though woman can ofcourse be implicated as accused if found to be involved in any crime against her daughter in law but she cant be evicted from her son's accomodation too. So take it easy.Consult a local lawyer as details are needed to make any specific comments. Leave it your advcate whois right person to handle your issues.

SAINATH DEVALLA (LEGAL CONSULTANT)     01 October 2015

Mr.Rajesh,

The advice and suggestions provided above are the best available as per the provisions of law.U have provided only one side of the coin,but we are not aware of the other side.We are not aware to what extent the input provided by U is true.Now it is left to U and UR lawyer to fight the case on merits on UR side if any exist.


(Guest)

Harm according to Mr Gupta perhaps is when magistrate passes some absurd order/issuance of warrant etc.

 

but for respectable man, filing of such fale DV case itself is harm to him and also his family, though I agree with above experts, I would advice to the querist that you file defamation case on her and let it keep going on, no matter what may be the outcome.  ask your parents to file it, it is a punishable crime under law to lie under oath, for which your parents can also file perjury case on her, and she may well go to jail too. 

 

May sanity prevail in sane minds.  All the best.


(Guest)

I am sorry but I agree with your comments that law is on side of females. yes these are. Same way law is on side of SC/ST  also called Dalits. Truth is, females are being subject to all kinds of crimes in our society even now.Let us not feign ignorance as it suits our male chauvinism.There is hardly any marriage in which shameless groom's parents or groom does not expect and ask dowry and a hefty one. if you are IAS dowry goes up in crores.

So laws have to be made to protect weaker sections. Liek child abuse.

Yes your mother even being female can be implicated as accused if she is found perpetrator or abetter in any crime against daughter in law. Same way daughter in law can be implicated for cruelty against old father in law or mother in law (senior citizens). It all depends on situation. But yes your mother cannot be expelled from her son's or husband's or brother's home and is protected under DWA Act? Happy?

Also please understand difference between compromise and concilliation.Reconcilliation is best and cheapest method to end disputes.Dont waste energy and money where you can save it.Daily people lie in courts. So what? Can we have millions of perjury and defamation cases instituted? Please go and try.Good luck!

Ravi (a)     14 October 2015

Experts' comments are correct in theory but fail to convince practicall. we all husbands must take a stand and harass wives who tortured us for no fault of us and destroyed our lives for their oblique motives. when nothing happens as per their plan, file false cases on us. how can we leave such wives and encourage society. if we leave one wife now, tomorrow one more and one more every day, we are left with these unscrupulous wives in the society who are free to implicate other innocent husband and his family. i think after we get clean chit from all cases, we must file the cases against the wives, their parents and those witnesses who stood against us and harass them and make them run after the courts, make them spend money and send them to prison. This way no other girl/lady/wife ever think of courts/police/cases against the husband in their wildest dreams also.

 

by the way, when wives approach lawyers to file cases against husbands n families, do lawyers advise these wifes not to file casesso becasue they dont get anything in return other than money loss, energy loss, time loss. if not, why husbands are advised not to file cases against wives and their families.


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