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amit jain (0)     25 March 2013

Defamation act

Hello lawyers club

I wanted to know proceeding and provisions related to Defamation Act so I need a legal advice or expert opinions about the following scenario.

I am residing at ground floor owned by my wife and on top floor one lady residing with her husband, & two kids 14 year Daughter and 17 Year son. These family members are habitual to make false allegation or frame misleading complaints with authority. When children’s are playing on the road they started the same excessive and disturbing behavior, spit on the children’s and use lowest degree of abusive language which a gentle family member even can’t think it over. She has made a police compliant against my father that one bike holder come to our house and to meet my father 75 year old and upon return that motorcycle stood in front of our gate put his pant down and shirt up and done some non-sense act facing her balcony when she was taking her lunch. She also blamed that we called sweeper to take garbage in the morning and instructed him to pull down his pant before arrival to my house and all these activity is directed by my father. We and entire block had made number of complaint against this lady and her family for Public and Neighbor Nuisance, but no action taken by local police till date.  


This family wants that nobody will cross the road in front of her house and they always start lowest degree of abusive language and fight with the person who passes thru the road e.g. vegetable vendor, Dhobi, Paper vendor, Sweeper, Car Washer, gas delivery man, courier agent, postman and all other who passes or stand in front of this house form the balcony. They are disposing the drainage water and garbage from the top (second floor) to the front and back yard of the street. Whenever any guest or utility service provider i.e. Dhobi, Milkman, Jamadar etc.  knocks the door or press our door bells, they start fighting with that person and start using all abusive words towards our family which is even beyond any common man’s imaginations towards those utility service providers, guests and also against our family members from their balcony.


Sir, we are very gentle, peaceful and educated families. We are forced to live in TERROR spread by this family and have to accept their threat as no authority has taken any action till date against this family rather gave them freedom by supporting their act and this family increases their “OPEN GUNDAGARDI” after every protests or complaint.

So I wanted to ask you guys how should we pursue to this matter, Can we file a suit for defamation because of this false complaint against my father and regular use of abusive language for my family so loudly, because this was a sheer attempt to defame my father and our family reputation.

Anyone can help me in this matter would be big favour!

Thanks in advance!

Amit Jain


 1 Replies

Manish Udar (www.Mehnat.IN)     25 March 2013

This appears to be a case of making false criminal allegations and other related sections of IPC, punishable by three years imprisonment minimum.

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