lordofrings (-) 16 July 2015

Defamation case against wife

Respected Members

My wife filed false 498a against me, and then wrote to my employer asking them to take action against me by terminating my job.

Can I file a defamation case against my wife? Please note that my employer did not terminate my job, they simply replied to my wife that it is a personal matter and the company would not interfere unless an order is passed by court. However this caused me a great embarrassment, infront of my boss, his boss and even the country head. I had a very good reputation and now because of my wife's email, I am part of the office gossips, had to convince my seniors, etc.

Please let me know if the above ground is sufficient to file a defamation against my wife? I do not have any proofs of "embarrassment" caused, but I have a copy of letter she sent to my employer.

Reply Follow

11 Replies

Laxmi Kant Joshi (Advocate ) 16 July 2015

Primarily fight your 498a case and come out with clean hand as innocent only then you file any case like perjury or defamation against her .

saravanan s (legal advisor) 16 July 2015

i agree with laxmi kant sir

Adv k . mahesh (advocate) 17 July 2015

yes fight the case on merits and come clean basing on the order you can file any case against her and i can understand the situation in the office so already damage was occured so from now you have to see such incident does not occur

SAINATH DEVALLA (LEGAL CONSULTANT) 17 July 2015

Get through the 498A which is not that easy.U have to fight with valid evidences and merits,forget about the other things.

Saurabh..V (Law Consultant) 18 July 2015

As rightly opined by the learned members, you should first fight your case and come out clean. Then it will certainly make ground and give the case a tilt in your side.

//peace

/Saurabh..V

Servopia.com
Managed Cloud Hosting For PHP Applications

lordofrings (-) 18 July 2015

Thank you experts for feedback.

Kaatu Poochi (Kaatu Poochi&Co) 23 July 2015

File defamation case against wife family member and her relative focus govt employees

https://goo.gl/K9lqt0

Sudhir Kumar, Advocate (Advocate) 26 July 2015

SO FAR NO MATERIAL WORTH DEFAMATION CASE IS THERE EVEN IF YOU ARE EXHONERATED.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 27 July 2015

Perjury and Defamation can be filed in parallel as a counter case.

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 27 July 2015

The quest (The judge) also have to go through the arguments/debates as I have a knack to highlight the shadow part of LD. expert’s comments to arrive at the best decision.

Perjury / Defamation can be filed as counter to fight against legal terrorism.

Always, Speedy Trial and Perjury First.

Pl prove that these can’t be file in parallel by any CrPC, CPC or HC, SC rules to forfeit your statement.

I am citing the following judgment to forfeit my statement.

BOMBAY HIGH COURT

CRIMINAL APPLICATION No.1115/07.

(Para 7 & 8)