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Ramandip (Second Year)     11 January 2014

Defamation

Hi I want expert's opinion upon the case hereby . 1. wife started fighting with husband living separately from his parents. 2. Wife left that tenant home and went to her parental house. 3. Husband tried to reconcile as by nature. 4. Husband visited the person and requested them for settlement. 5. After so many tried "Sarpanch " called him and asked that there will be not any fear and husband may visit his in -laws. 6. So husband went on as specified day (as discussed) from his work place to his In laws home. 7. Before entered in house he asked "Sarpanch" to move in or not ? Sarpanch again confirmed "yes". 8. Husband entered in House of laws and they beat him ,Wife jailed him (False allegation of beating her father). 9. Local police charged him 107/151 IPC. 10. Father - in -law got his Medical report with nill and no injuries. 11. Husband got jailed for a night. 12. Husband next day got bail and went to his workplace. 13. Due to hearing done by SDM husband was enforced to come after week or fifteen days interval . 14. Sarpanch denied any confirmation as given by him (Although the call detail is there). 15. Husband lost his job from 25k/month . 16. after he lost his job and dignity. Now please tell who is the chargeable for defamation ? Sarpanch ,Wife ,or Father in law ? Or is there any other case applicable for them.


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 3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     11 January 2014

Dear,

The girl's family members would be charged under section 321 of IPC which talks about hurt, they could all be charged with S.120A which talks about Criminal Conspiracy to get the husband being beaten by them and the girl's family members could be charged for defamation.

 

Adovcate Kapil Chandna

9911218741 

Ramandip (Second Year)     17 January 2014

Thanks sir .. But what about the girl ? who is the master mind in all these conspiracy ..

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     17 January 2014

You should have evidence without which nothing can be done.

 

Your call details can not confirm any thing.

 

Just because there are no injuries does not mean you have not beaten them.

 

And if you are beaten you should have independent witness to confirm it.


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