Joyjoyee Sen (Computer Programmer) 09 February 2010
Sir,
I want to know if someone lodged a false complaint of s/c 306 and after lodging the complaint he/she doesn't appear in the court on due date making intentionally delay in the decision and creating mental pressure on the so called accused and which causes accused aged father to face a heart attack, can we lodge a reverse case of defamation on them and in that case what is the procedure.
R.R. KRISHNAA (Legal Manager) 09 February 2010
If the other party is not appearing in the court properly, mention the court the absence of the other party or else file a petition in the court to direct the other party's strict presence in the court. If the matter is getting much delay approach the high court seeking direction to dispose of the case within a time frame (say for instance, 6 months)
If the complaint filed is false, only after the dismissal of the complaint by the court on the ground of that the complaint as a frivilous complaint, you can file a case for defamation against the other party.
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