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RAM   22 August 2017

Defamation by wife on social media

Me and my wife are staying seperate since 18months ( we were together for 9 months). Past one year she has been posting vulgar messages on FB to my friends. Apart from this she sent numerous letters to my office, stating the same meaningless stuff.

Now I reached a state where I'm not able to sustain anymore mental torture and want to file a defamtion case against her and if possible her parents (I sincerely believe they are behnd this screenplay).

I kindly request you to guide me accordingly on how proceed ahead.



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 13 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     22 August 2017

You can object her vulgar messages in FB. Take help from her side relatives, friends and her parents. 

RAM   22 August 2017

All the stages are crossed. My parents tried to communicate with them through some common relatives, but in vain. When one of my friend tried to suggest her that "This is not appropriate and you should directly deal rather than through the social media". She simply said its not me.

And when few friends of mine tried to reply her on the same, she started to send letters to my office.

The issue has gone to PS and the officer freely said, you are a guy and dont just bother about it (clear case of biased view).

RAM   22 August 2017

The messages are not to me, but friends of mine in FB. I only know few cases, who approaced me to act quickly and accordingly. May be there are many messages who didnt bother to inform me.

SHIRISH PAWAR, 7738990900 (Advocate)     22 August 2017

yes you can file case against her. if you are in and around mumbai you can call me.

Adv Radhika Mehta (Advocate)     22 August 2017

Why dont you gather all the evidences and file a case for Divorce against her on the ground of cruelty?

RAM   22 August 2017

Thanks a lot, but i'm unsure to little extent whether FB messages are substantiate evidence to start a case at all.

And kindly do suggest me a first step if those msgs are sufficient. I'm really a novice in these domain and 'n' no. of friends have 'n' advises. Thanks again in advance.

RAM   22 August 2017

Thanks a lot Mr. Pawar. I'm from B'lore.

Adv Radhika Mehta (Advocate)     22 August 2017

Cannot really comment on the same as the defination of "vulgar" defers from person to person. Is she, through the messages, instinuating that you are in an affair with someone else? If yes and if there is no truth to that statement, it definately constitutes mental cruelty.  Moreover, sending letters to your office, thereby putting your job in a precarious position, also amounts to cruelty. 

fighter   23 August 2017

Ram,

1. You can file divorce petition on cruelty ground.

2. You ca file a civila nd criminal defamation cases

3. You can file a case under IT act 66A.

RAM   23 August 2017

Although its too embarrasing to even reveal these details, i'm feeling quite a bit confident with all this support.

The messages and the letters say that

  1. 'So and so person is a GAY'.
  2. He and his parents are in jail for cheating me (there is no such case filed. His uncle has filed a case of physical attack against me but nothing related to maritial issue).
  3. In letters it also said, the usual harassement by my family and things.

Her family is not ready for medical tests to prove myself and her claims.

Adv.Balachander Reddy (High Court Advocate IPR Attorney and RTI Activist)     23 August 2017

Sir, Mr. Fighter, Sec.66 A of I.T. Act as been struckdown by the Apex Court in Shreya Singhal. 

To Mr. ram, the act/s of your wife tantamounts to Mental cruelty , which is a ground fro seeking Divorce .

Adv Radhika Mehta (Advocate)     23 August 2017

Why do you expect the girl's family to be ready? Why would they agree for medical tests of their daughter? That is never going to happen. So quit waiting for that and file a case for Divorce on the ground of mental cruelty. 

fighter   23 August 2017

Ram,

No need to embrass. You need to fight in these kind of situation. Also, it is your primary responsibility to protect your family from her harassment and false cases.

As Mr. Balachandar Reddy Sir mentioned, section 66A of IT act stuckdown.

But,Defenitely there will be another equavelent section to address this kind of issues. So consult a good advocate and file the case.

 


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