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ab (working)     05 July 2014

Can a defamation case be filed?

A false molestation case has been filed against me in a property dispute issue. The lady and her husband want to do expansion over house to which my mother denied always. The lady and her husband have filed a case against me but have written very misleading, false and derogatory facts in chargesheet about my mother like we are badmaash and we threaten people in society.

I have an application signed from all people in society who claimed that we have been always helpful, kind and are honest people.

Can my mother file a defamation case against that lady and her husband. Or we need to wait for court verdict before filing?



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 5 Replies

Sudhir Kumar, Advocate (Advocate)     05 July 2014

let the case filed by them be proved false in court.  Then think of defamation.  All those who stand for you character can be witnesess in your favour but will not go to court.

Sudhir Kumar, Advocate (Advocate)     05 July 2014

You have to prove five points:-



1. Communication is made by defendent

2. Communication is made regarding applicant

3. Communication has been made to third party.

4. Communication has cased loss of respect to applicant

5. Communication is false.




In case you cannot prove any of these five points then you case falls and can backfire.

Sudhir Kumar, Advocate (Advocate)     05 July 2014

repeated

 

https://www.lawyersclubindia.com/experts/Can-a-defamation-case-be-filed-Need-advise-482226.asp#.U7gMmUBvdG0

ab (working)     06 July 2014

Thanks Sir,

here are the ans.

1. Communication is made by defendent: Yes, in statement made to police

2. Communication is made regarding applicant: Yes,Mentioned my mother name at some place and as my mother in other places.

3. Communication has been made to third party.: Yes, to police

4. Communication has cased loss of respect to applicant: Yes, a lot. People in society are with me but will avoid to go to court, you are 100% right

5. Communication is false. Yes, it says that i am regularly involved in molestation and my mother support me in this. There is not even 0.1% incidence like this.

 

Is are points fulfilled to file a case?

Sudhir Kumar, Advocate (Advocate)     06 July 2014

Since the case is not yet dropped by court or by police you are not able to prove that allegation is false.

 

since none will come to court to say that your reputation was lowered in his eyes because of these allegations. so you are not able to prove loss of reputation.

 

I may be wrong and some other expert may comment.


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