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Pratik (AE)     09 July 2017

Defamation case against wife

Can i file divorce case on the basis of Wife harassed and mental torture to me (One day Recording is available) and she urges me to left my parents

She has given  a false statement of dowry demand  in her complaint in my central Government office 

If i file defamation case against wife who will pay the money and how  ?

she stays in Ghaziabadin her parents house near Delhi how we protect or stop her  to transfer all above court cases from sangareddy court to Ghaziabad Court if she given aaplication 

 



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 5 Replies

Arjun Kohli   09 July 2017

Cruelty is indeed a ground for filing for Divorce. 

The Court will examine her circumstances and only then award any compensation so it directly depends on her current financial condition plus properties in her name.

You just have to counter her application for Transfer with more valid grounds. Whoever secures this balance of weight of the grounds for transfer/ no transfer, shall be granted their application, in my opinion.

1 Like

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     09 July 2017

1. You can file divorce case on the ground of cruelty.  Filing false complaint before the employer of husband regarding dowry demand is also an act of cruelty.

2.  You can file defamation case.  If you succeed, the costs will  be paid by her. 

3.  She can file transfer petition in S.C.  Most likely she may succeed to transfer her cases from Sangareddy to GZb. court.

 

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     09 July 2017

1. You can file divorce case on the ground of cruelty. Filing false complaint before the employer of husband regarding dowry demand is also an act of cruelty.

2. You can file defamation case. If you succeed, the costs will be paid by her.

3. She can file transfer petition in S.C. Most likely she may succeed to transfer her cases from Sangareddy to GZb. court. But you need not worry about it. In divorce case, initially one or two times you have to come to court and finally at the time of evidence. Otherwise your advocate will take care of your case. If you file civil defamation, then also you need not come to court and your advocate will take care of it. If you file criminal defamation, your presence on every date is required.

 

Raveena Kataria (Advocate )     09 July 2017

You have been well advised. Please note, you may not be able to file a case of defamation against your wife. As per section 499 of IPC, the main elements that constitute the offense of defamation would not only include 'defamatory matter' but also 'publication' of such matter, along with the 'intent' to injure one's reputation. Statements recorded in court proceedings do not attract the ingredients of this section.

However, you can file a suit for malicious prosecution and get damages, or file a complaint u/s 211 of the IPC. Note, either can be done by you only once you have been cleared/acquitted of all charges.

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P. Venu (Advocate)     13 July 2017

No defamation lies in the light of the facts stated.


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