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minthu vincent (SSSSS)     14 April 2011

defamation case by fathe in law

  2009, I Filed a DV case against my husband , fatherin law, sister in law, mother in law, seeking Maintenance, shared household rights,  restraint on my fatherin law.. i filed it on the same day which  my hubby filed his divorce case..

. on 2010 July.. we both withdrew and dismissed the divorce case without his parents notice and living together since then... DV case has been pending till then...His family has been trying their best to get him back.. on Aug 2010... my father in law and sister in law, bro in law has filed a defamation case against me..saying the DV i filed was completly wrong and they had no issues with  marraige and my aim was to make them look bad in society and landed them with headache , BP , blah blah.. totally seeking 1 cr damages..

they have been trying to serve summons from last 2010. unable to locate my bangalore address, they tried to send it to office address too.. which they had no success as i work from home in another state.so.. now the case in  ( Steps)  as per what i came to know from last hearing( unofficially) i have kept the dv case pending.. if i dismiss it.. im sure they will use it against me.. i need this forum advise on what to do next.. we been trying to find lawyers.. but i know this case will drag forver

my husband spoke to his dad last week too.. All his dad wants is.. that my hubby has to divorce me and has to get back to his family.. My FIL also warned that this case will never be withdrawn and he is going to go for publication and he will end up filing more and more... ( i wonder on what grounds) Guess he knew i dont have 1 crore stashed up somewhere and i dont have the means to hire lawyers who cant be easily bribed...my hubby earns about 20 k a month... im earning too.. but life is tough.. and i just want it to be peacefull without facing this ordeal.. i have learnt to live simple.. but all i want is peacefull life with my hubby just like every other woman in this world..

I had to post this in civil forum too as i got confused on where to post for defamtion.




Learning

 2 Replies

mohansreddy (Advocate)     15 April 2011

Nothing to worry till ur husband support u in the case. it is well settled principles of law, any offences araising out of matrimonial alliance can be compounded(  if the offence is not heinous in nature)for the welfare of the family, interruptting this position of law u can be safeguarded

Mohan S.REDDY

9743829233.


(Guest)

Dear Ms. Mintoo Vincent,

Filing DV case against the father-in-law is not a defamation.  Assuming, but not admitting that in future, you may lose your DV case, then also your father-in-law cannot succeed in defamation case.  Hence, on that account, do not lose your sleep.  You need not to pay Rs.1 crore or even a single paisa, for that matter.

But forcing your husband by your father-in-law to divorce you is definitely an act which would come within the purview of "domestic violence" and so do not worry, as long as you have got your husband on your side and  need arises,  if he deposes before the court that his father has been forcing him to abandon the matrimonial life and come back to his home.

Have a watch about the progress of the defamation case.  At some point of time, before verdict comes, you have to appear and contest the case.  It can be at the trial stage or execution stage.  That decision you leave it to your advocate.  If I would be your advocate, I do not avoid notice/summons and appear in the court and defend the case.  But that outlook may differ from lawyer to lawyer.

I assure you that in recent memory, no father-in-law won the defamation case against the daughter-in-law for her filing the DV case.

Actually, this question has to be put up in family forum.  But unintentionally you did a right thing by placing it on this forum as in these days, family forum has lost its decorum due to some people, who use derogative and discouraging language against the women enquirers, for which administrator is doing nothing.

Warm regards,

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