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R N Bhattacharyya (Retired Engineer)     09 September 2015

After 498 case judgment i, whether we can file defamation

Our daughter-in-law absconded from our house after about 8 moths of marriage , we called her entire family members to discuss on the event,they discussed for 4 hrs 22 mts and the entire discussions were videographed . no body mentioned about any mis conduct/ ill treatment/ harrasment /mental torture etc of any sides, but after about 2/3 months, they put a 498 case against us . Now everything is complete, my querry is, whether now we can go for defamation case against the girl and her family ?

 



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 4 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     09 September 2015

SAINATH DEVALLA (LEGAL CONSULTANT)     09 September 2015

First U have to come out of the 498A case unscathed,defend with all the valid evidences and prove the case false.After acquittal then think about defamation etc.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     09 September 2015

Originally posted by : SAINATH DEVALLA
First U have to come out of the 498A case unscathed,defend with all the valid evidences and prove the case false.After acquittal then think about defamation etc.

 

 

I disagree with the statements above.

 

Perjury and Defamation can be filed in parallel.

 

https://www.lawyersclubindia.com/forum/Defamation-case-against-wife-124031.asp#.VfBG19Kqqko

Nitish Banka (lawyer)     09 September 2015

yes defamation and malicious prosecution


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