naveen (business) 25 May 2016

Defamation case on wife

Hi expert's, Before filing divorce case, I am thinking of filing criminal defamation case on wife and in laws. Without my willing she has gone from here with her parents. I informed same in local police station, even she didn't listen to their suggestions while leaving from here. since 20 months she staying with her parents, and not ready to return even after our efforts to bring back, even to ready for divorce, presently she working in college as faculty, before marriage also she was working in same place. I have sent legal notice for divorce ,she had made wired allegations. For police station notice also same type of allegations, she made instead of coming for discussion. 1) specifying that I have skin disease, which we hidden during marriage, but I don't have any such problem. 2) I have illicit relationship with lady, and some person is giving her such information through phone calls, its baseless and false 3) they have given me huge dowry and still I torture her to bring dowry, this to false allegation, I did not take single penny, 4) me and my brother campaigned during elections, it too false, we r govt servents so she made such allegations to create threat to our job. Should i file 499 defamation case? Will I get justice? Plz provide expert advice.

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5 Replies

(Guest)

Defamation is not made out. She has made the statements to police and court. This is her right, you can prove her false during trial which will take 10 years. Defamation applies only if she is making such statements in newspaper or to your office etc. There is no effective remedy to prevent blatantly false accusations in Indian judiciary. (Whatever sections exist are only on paper.) This is sad reality. Indian law is like law of the jungle. You can also make allegations on her and make her run in court to defend. Best of luck.

SAINATH DEVALLA (LEGAL CONSULTANT) 26 May 2016

U R not going to achieve anything by filing defamation against UR wife at this stage rather than spending UR valuable money and time.

UR option is to counter/defend the allegations made by her by merits(if available) from UR side.

Can U elaborate the resons for her behaviour?

Samir N (General Queries) (Business) 26 May 2016

If you are planning to represent yourself in person, go ahead and file defamation cases, both civil and criminal. In India, defamation is much more losely defined and false statements made before COurts also count as defamation. There are SUpreme Court judgments in support. In Western Jurisdictions, as in USA, such statements are protected, relatively speaking. Unless men file such cases and pursue til they win, women will continue to make defamatory and harassing statements with impunity. I WISH YOU GOOD LUCK. DO GO AHEAD. It takes years to litigate ONLY if you have an advocate.

naveen (business) 26 May 2016

Samir sir, I agree with ur opinion, let women who ruins the life of husband and in-laws by making such defamatory baseless allegations b punished by law, than only they stop it in future else many men will going to suffer continuously. If at all men make any such allegations against wife, they to use law to safeguard self nd to punish husband. But why we should not proceed. I have her written statements, now no chance to deny any thing. She has to prove her allegations or should get ready for punishment. Please provide some more suggestions to proceed further. If u have any Please provide supreme Court judgements. Mail at: santrupt@yahoo.com

naveen (business) 03 June 2016

Hi experts, Plz give ur valuable suggestions on defamation case on wife, can go ahead to teach lesson to her, its mental cruelty for me, many times I thought of ending life instead of listening such things.plz can u provide some judgements where the person punished with imprisonment.