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Senthil kumar (Recruitment)     07 October 2013

Defamation case against wife

Can i file a defamation case against my wife?

 

She sent vulgar emails and false allegations against me on my potentiality to people whom we both know.

What are all the possibiities if i have to file a defamation case against my wife?



Learning

 14 Replies


(Guest)

The relief by defamation case is granted only when the plaintiff have reliable cause of grievances with evidences.It has been seen that a respondent files a defamation case after the verdict of false cases filed by the petitioner on the account of only to malafide the image of respondent. In this cause of act respondent has the genuine cause supported by the prior judgement.

Now, in your case if that email is of such accute in nature where you have no other option to pray for justice as the act from sender has deprived you to face the society on reasonable ground then file the defamation case.

Sarvesh Kumar Sharma Advocate (Advocacy)     07 October 2013

No!:-) not maintenable

Samir N (General Queries) (Business)     08 October 2013

Do not listen to advocates. They are usually IDIOTs. Do your own on-line research and confirm the answer to your question yourself. My gut feeling is that yes you can file a case of defamation but then you will have to show damages and what will they be? Defamation in India is both a crime and a civil tort. What damages will you ask for in a civil tort case in your situation? You can possibly file for a divorce based upon this... on grounds of mental cruelty. 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     08 October 2013

Dear Mr. Samir

you know that your words comes under the offence of  Defamation & you can be prosecuted before civil or criminal court. so it is my advise to you don't use these type of word for anyone in public forum otherwise you can be prosecuted.

Dear Querist

You can file the defamation suit or complaint before civil or criminal court as you think fit.

1 Like

Adv k . mahesh (advocate)     08 October 2013

i agree with Nadeem qureshi such words should lead you to filing against you so check out the words once spell will not be taken back 

about the query there are some set back means you can file defamation suit but if your wife says that you had sent the messages to spoil her image from her mobile and she is innocent 

Adv k . mahesh (advocate)     08 October 2013

i agree with Nadeem qureshi such words should lead you to filing against you so check out the words once spell will not be taken back 

about the query there are some set back means you can file defamation suit but if your wife says that you had sent the messages to spoil her image from her mobile and she is innocent 

Saurabh..V (Law Consultant)     08 October 2013

@Author

 

It seems your marriage is going through turmoil. That is why your wife sent such electronic communication defaming you and now you want to take criminal redressal.

 

If you are so annoyed with your wife and she can't respect you, then why not apply for divorce on the grounds of cruelty? Spreading such personal information amounts to cruelty and cruelty is a ground for divorce. However, if you only plan to teach her a lesson, then I don't think such a case would stand a strong chance in the court of law because accused in your case is your own wife.

 

//peace

/Saurabh..V

Samir N (General Queries) (Business)     08 October 2013

Mr. Kumar and other non-advocate participants,


I never name any advocate or individual in my posts unless I need to complement them or give some advice. However, since some posts have been directed at me by more than one individual/advocate, I am inclined to respond:


I want to advice all of you once again, this time in detail, that be careful in listening to advice given by advocates in India because it is generally accepted that they are not only IDIOTs but also CROOKS. LLB in India, in my humble opinion, is equivalent to 11th standard fail and it is no secret that it is usually pursued by those who fail to get into engineering, medical, science or accounting fields. This lack of academic excellence shows in their post-LLB legal practice. However, in their desperate attempt to earn monies, they drag cases, give wrong advice even when they are not sure of the answer, have very poor writing skills in any language and have little or no knowledge of law itself other than a few Acts here and there. 


Of course there are exceptions and indeed in High Court you will find some very impressive advocates whose submissions are impeccable and impressive, both in terms of language used and the depth of legal knowledge expressed. Also, there are a few who choose law as their profession because they really like it or its a family tradition. However, you will not find advocates falling in either of these categories participating in forums like the LCI. In this forum, with the exception of two or three advocates, you will find most of the advice given by advocates is nothing short of a shameless display of abysmal ignorance. The good LEGAL advice given on this forum is usually by non-advocates.


I have a genuine desire to help those seeking informal legal advice on Family Law knowing fully that it is hard to get correct advice from professional lawyers. That is the sole reason that I participate in this forum. 

Adv k . mahesh (advocate)     08 October 2013

if you really intend to participate in answering the queries it is your sole 

but you have no right, if we intend we can also use such words against you

you may have faced hardship with some persons and blaming whole system is not correct and some day you have to face the dearth of whole advocates in this forum

once again if you want to answer as per there query and do not use such words and we are will also constrained to use such words also against you particularly 

hema (law officer)     08 October 2013

This Samir N(2HelpU) is a fit case for defamation.  His disdain and sardonic outlook, if confines to his personal space, it is o.k.  In public forum he comes and says - "Do not listen to advocates. They are usually IDIOTs".  Instead of correcting his own folly, he repeats - "because it is generally accepted that they are not only IDIOTs but also CROOKS. LLB in India, in my humble opinion, is equivalent to 11th standard fail and it is no secret that it is usually pursued by those who fail to get into engineering, medical, science or accounting fields. This lack of academic excellence shows in their post-LLB legal practice. However, in their desperate attempt to earn monies, they drag cases, give wrong advice even when they are not sure of the answer, have very poor writing skills in any language and have little or no knowledge of law itself other than a few Acts here and there."  He forgets that it applies to judges also, who come after completing LLB and most of the times after putting sufficient practice advocates become judges and his lambasting applies to them also.   Further, in his post he continues his diatribe by saying -"However, you will not find advocates falling in either of these categories participating in forums like the LCI. In this forum, with the exception of two or three advocates, you will find most of the advice given by advocates is nothing short of a shameless display of abysmal ignorance."  This two or three exception is only to save his skin if he is accosted in the court of law. 

This sanctimonious scoundrel is good for nothing except for shadow boxing in the virtual world.  Has he got a bit of shame, come forth here and reveal his real address and we would like to see how he will defend himself in the court of law by using such vituperative language against the bar members.  We will also teach him in the open court and in the broad day light and before the very judges who got their positions by studying LLB (as per him they are of 11th fail standard and he won't feel shy to lampoon them here but lick their shoes in the court when his matter comes up for trial) how the freedom of expression, the fundamental right enshrined under Article 19 (1) cannot give him the absolute right to criticize us in base style in a shrew style.  By the way, who has given him the right to become himself a damn non-sensial judge and decide only two or three advocates, who come on this forum are exceptions and others are idiots and crooks.  What type of survey he has conducted to come to a conclusion that -"it is generally accepted that they are not only IDIOTs but also CROOKS." 

FOR ME HE APPEARS TO BE A GARGANTUAN IDIOT AND HIMALAYAN CROOK AND WE ADVOCATES ON THIS FORUM WILL PROVE THIS FACT IN THE COURT OF LAW IF HE SHOWS THE BRAVERY TO INTIMATE HIS REAL NAME AND ADDRESS.  HE IS FREE TO ENGAGE HIS FAMOUS ADVOCATES WHO DO NOT COME ON THIS FORUM AND  ON WHOM HE SHOWERED PRAISES AND THESE ARE HIS OWN WORDS - "Of course there are exceptions and indeed in High Court you will find some very impressive advocates whose submissions are impeccable and impressive, both in terms of language used and the depth of legal knowledge expressed."   

Samir N (General Queries) (Business)     09 October 2013

Take a look at https://www.lawyersclubindia.com/forum/details.asp?mod_id=90013&offset=2#.UlTOiNJyDSU


Then read the answers from advocates and read the latest post from the person who posted the question. Here it is:


 Hi All,

 I sincerely wan to thank you all for the suggestions you gave in such a short time.

 I regard all these inputs. 

 Cross petition is a answer I was looking for...thanks a million Samir.

 I'm not very happy with our lawyer but I'll see now what he says.

 Thanks again, I'll get back.


And here is a statement from me in that same thread (made before any postings were made against me in this thread) commending an advocate, when his advice was genuinely well-intended: One more thing... there is some discussion here about advocates... Be very careful about advocates in general. Most of them are IDIOTs. However, Adv. Kalaiselvan's general advise is worth considering if you can think of your baby's future... GOOD LUCK!  Adv. Kalaiselvan did NOT answer the legal question which is perfectly acceptable but gave good guidance to avoid litigation, etc.. It is giving the wrong, legally-incorrect advice in their own profession that is the hallmark of the legal profession in India


NEED I SAY MORE?? I have received many such appreciating notes. In PM, thru emails, etc.


Now about equating LLB to 11th std fail... That of course includes the "LLBs" sitting outside Courts to notarize documents. Mind you, I have more respect for them then those practising inside the Courts. Everyone has a right to earn a living and the outside-Court-LLBs do so with their limited abilities. These LLBs do not give legal advice. They work within their limitations but they certainly bring the "average" down to the metaphorical 11th-std-fail... Unlike other professions, the legal profession in India is marred by the "one degree" syndrome. Every advocate has a LLB. There are no degrees to separate the men from the boys or women from girls. If you go deep into the topic, law is actually a science... an application of the theory of logic which can be automated and indeed will come a time when plaints and petitions will be processed by software at the threshold. However, law as practised by most lawyers in India is a far cry from that vision. 


Until the standard of legal service improves, which is not likely in the near future, I have no option but to warn potential first-time-litigants of the pitfalls of hiring advocates. To be accurate, that can only be done by warning them that advocates in India are "mostly" IDIOTS or CROOKS or both, which is a fact-based statement intended to minimize potential damage to them in the future. it would serve the profession better to look within rather than to threaten me with suits of defamation!


Fortunately, the Bar Council Rules have enough provisions to take action against those advocates who provide fake identities or incomplete identification on-line while claiming to be an advocate or solicit emails by giving misleading information, give incorrect legal advice on-line, attempt to suppress the truth from been known, or threaten through on-line posts those who try to spread awareness. There is enough wrong legal advice given in this forum to disbar at least 50% of the participating advocates if someone choses to pursue that route. Some of the communication in this very thread, raises serious questions of violations of the Bar Council Rules. I suggest that any advocate trying to threaten me with defamation suit should first disclose all his/her legal credentials representing himself/herself to be an advocate first, including the Advocate number or whatever it is called that is assigned by the Bar Council. Claiming to be an advocate with incomplete identification is itself a violation of the Bar Council Rules, if indeed the person is an advocate. Claiming to be an advocate when the person is not one would be a violation of multiple sections of the Indian Penal Code. Let me analyze the postings made by any advocate confirming his/her credentials and threatening me with defamation suits and lets see if they conform to the Bar Council Rules and see what the Bar Council has to say about them. As for me, I have made it very clear that I AM NOT AN ADVOCATE. I have no legal obligation to disclose my identity and certainly have a valid reason not to disclose it. I give no threats. I provide advise that is free and is appreciated. In giving advice I make no misrepresentations of any kind. I do not seek anything in return. I do not solicit any kind of business or fees. Not even invitations to be a friend! I have stated in my profile that I am highly-educated and by any standard and evaluation, I am at least that, a self-made man (not out of any inheritance) and fairly accomplished in my own field. If I get one more threat from an advocate of filing any defamation suit , I expect that advocate to fully disclose all of his/her credentials proving that he/she is an advocate. If not, I will simply ignore that post. If that person is indeed an advocate and discloses all of his/her credentials, I will thoroughly analyze all the posts made by that person and seek appropriate legal remedies with applicable authorities.


That said, any statement made suggesting  to me to not criticize advocates are perfectly acceptable. Any statements made to counter my statements or advice given are also fair-game. But threats of filing suits against me made by an advocate better come after full disclose of the person's credentials as an advocate. And when I mean, full, I mean complete in every sense.  Otherwise, I repeat, I will ignore those threats. If identity is fully disclosed, I intend to analyze all posts of that person and I have a huge staff to support me if I need to analyze the entire site. This site's family section is a hobby for me... to do something good for those who do not have the means or resources to get proper guidance...nothing more!


 

 



(Guest)

@Samir,


I am with you. I appreciate your stand and would suggest you to ignore some of the 'good for nothing' people who roam on this forum just to terrorize others on this forum. Less they understand that they are barking because of their own insecurity. Thumbs down to them.

Adv k . mahesh (advocate)     09 October 2013

being a highly educated idiot you don't know what you are doing and you are in a state of shock after facing court cases and barking in the public forum

you think you are educated but you are forgetting one thing 

" being a highly educated if your spit on the sky it will again drop on your face"

i repeat i am an advocate if you have any problem or if you are interested to answer the quires then you are most welcome to this forum and i am not the person to invite you to this forum but criticizing another person buy calling whole system is wrong 

you say free service, this forum itself is a free service and we advocates serve free of cost without taking a penny from clients who come through legal services in our court and lot of in person appreciation (fees) I got from those clients


(Guest)

Dear samir,

 

I am with you ,you have rightly opined against all the fake lawyers who are just good as nothing on this forum , who shares their one line explanation even a 60 year old proffesor of harvard university can also not understand as what these lawyers want to say by only one line lethargic answers or by half baked answers.

And those who try also,they give half baked answer to trap clients on this forum......so business minded they are.

 they feel zealous from those non-advocates who knows much better than these lawyers

as their business is affecting by advises given by non-advocates to the victims and they are loosing opportunities to trap clients.

This is the hardest truth on this LCI as Non-advocates are only helping the real victims without any interest because they themselves had faced such situation and guiding the fellows in true sense.

And Iam 100% sure if these non-advocates fight for victims as a real advocate for them, then the difference between justice and injustice will not roar as a social issue in this country.

Dear freinds make a list of all crooked lawyers here who are enticing these b*tches to file 498a and other criminal cases on their husband to simply harass them and extort money.We will file a complaint in Bar council of India for their misguiding and working against their ethics as per the point mentioned In the Advocate act 1961.

 

Thanks for the read.


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