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FightForCause (Businessman)     06 October 2015

After 498a acquittal, can i file criminal defamation

Hi Experts,

My 498a Final argument is in next week. I had submitted my written Statement u/s 313(5). Judge had read it and convinced me that he will acquit me after Final arguments.

My wife had not proved any single allegation , also when i took cross of my wife she just answered for many questions either "She dont remember" or " She denies it ". So from the cross point of view I am very dissatisfied as it was Judge who did not allowed us to take cross in detail. Cross went for just 3 hours ( in 2 days ) and firstly we just asked wife the sequence of events and to all which she agrees. After this when we wanted to ask counter questions Judge became rigid and said enough time and close the cross. 

Judge later said as wife in her statement and evidence has not proved anything , cross has no meaning and will not bring out much to table.

Wife had also put DV case in same court , but she withdrew it before her cross.

Now Divorce case is going on and Family court allowed her to take child abroad for 1 year for her employment purpose.

I want to understand do I stand a chance to put defamation + law of tort + any other criminal proceeding against wife to make her realise the wrong she did and bring her on terms related to shared custody/parenting for child.

I will try to persuade Judge to give acquital based on merit and not write prosecution could not prove beyond doubt so acquital. Is it Ok to plead/requets the Judge to consider my written statements and exhibited evidences and give judgement that case was false?



Learning

 2 Replies

Ravi (a)     15 October 2015

hi,

1. are you fighting as party in person or lawyer?

2. i think you cannot recommend judge/magistrate to write false case, instead of prosecution unable to prove in the final order

3. you can file malicious prosecution case, ipc 211 and whole bunch of IPCs that can be taken against your wife.

 

4. you can recall your wife and ask some more cross questions

FightForCause (Businessman)     20 October 2015

Hi LCI,

Thanks for your inputs.

Got acquitted in 498a case, though the reason mentioned is no evidence produced by prosecution.

For IPC 406 judge in order wrote that all Jewelry is with the wife as admitted by her so no chare of 406. Can this be used in counter that she defamed me by filing false 406.

Also what is the time limit to file appeal in session court against 498a acquittal by my wife/PP???


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