Nilofar Abdul 06 April 2017

Regarding defamation suit

This is Sathya from madurai.My Ex-husband suits a defamation case against me and my family. I didnot received summon yet but my famiily members received that. Appearing date is on April 17,2017.Before 1.5years, i got divorce from my first husband and now am living happily with my second who is my relative and its almost one year. I was pregnant for my second husband and due date is on april 21,2017. It may happened between 2 weeks. Is it good to receive the summons from court and if i get should i need to appear? My questions are 1) Is it necessary that i should appear for first time in court? 2) Is there any way to transfer the case to my native 3) After appearing only we can change the case to my native or it could be done without appearing by showing that iam pregnant

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Asgher Mahdi (Advocate & Legal Advisor) 06 April 2017

Whatever may the stated consequences you need to obliged the Summon and same can be submitted before the court failing which court may issue NBW against you to produced before the court. Finally, whatever the excuses mentioned you got married living with your new husband all are not related and supportive ground for defamation case. First you need failing not appear before teh court.

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Nilofar Abdul 06 April 2017

But it is the Civil case. Will they give NBW for the civil proceedings sir? Inclusion of my medical records will stop the case for a while. Till that time i will change the case to my native.

advocate praveen (prop.) 06 April 2017

Dear Abdul,

Defamation define in sec. 499 of IPC hence the court has power to issue NBW. apart from this you had to obliged the court order but you can file an exemption applicaiton from personal appearance by giving the facts as stated above in your query.

regards

Asgher Mahdi (Advocate & Legal Advisor) 06 April 2017

Dear All, the defmation case is tried firstly before the Magistrate Court under criminal procedure whereas, claiming the damages or compesnation is through civil procedure.

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