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Hursha (Director)     20 December 2009


Need help.

Brief Facts -  My friend's wife committed suicide 5 years ago. His father-in-law did not raise any suspicion for the first few months and the Post Mortem report etc clearly stated that the deceased died due to suicide by hanging. After a few months, my friend's father in law changed his stance and pushed the authorities to convert the death into a dowry death and homicide. Subsequently, another Post Mortem was conducted and again the cause of death was established as Suicide by Hanging.

However, my friend's father in law refuses to accept the sad fact. Five years have passed by and there has been no charge-sheet so far !! To shape public opinion, he has been religiously tapping the Television media, Newspapers and set up internet blogs saying that my friend committed homicide. Shockingly, he states that my friend committed homicide because he has a homos*xual relationship with me, and wanted to get rid of his wife !!! This is in the newspapers and Television in Tamilnadu while the suicide occured in Mumbai. My friend's father-in-law resides in Tamilnadu.

I wish to file a Defamation case against my friend's father-in-law. Can I file in Mumbai or should I do it in Tamil Nadu ? Can the defamation case be a Criminal case ?


 8 Replies

Sandip T. Naykuji (Advocate)     20 December 2009

Certainly  this is Crminal Case & you can file police complint against your friend's father-in-law  but in Tamilnadu not mumbai because the cause of action arose in there.

Hursha (Director)     20 December 2009

Can I file the defamation case immediately or should I wait for my friend's name to be cleared in the Dowry Death & Homicide ?

Adv Archana Deshmukh (Practicing Advocate)     20 December 2009

 You can file it immediately.

1 Like

Parveen Kr. Aggarwal (Advocate)     21 December 2009

For filing defamation case, it is not necessary that your friend is acquitted of the allegations levelled against him. You have to prove that the allegations levelled against you are false and malicious. The father-in-law of your friend may come up with a defence of truthfulness in allegations but he will have to prove such defence.

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555)     21 December 2009

praveen sir is correct


You can file not only defamation suit but also criminal case under mental agony.

saurabh (advocate)     22 December 2009

if there is no charge sheet filed then tht means there is no first move to highcourt where fir was lodged  for quashing of fir

and then once fir quashed then go for defamation....

Parveen Kr. Aggarwal (Advocate)     22 December 2009

But for filing defamation case, there is no need of quashment of FIR. Otherwise also, merely from registration of FIR it cannot be inferred that the allegations levelled therein are correct. It may be recommended for cancellation by the police after investigation.

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