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Kiran Kumar (Software)     22 May 2013

Defamation / legal action

My wife sent me legal notice for dowry harassment. One of the point she mentioend related to her brain operation. She alleged that her parents came here and did the operation and I claimed the bills by submitting them to Insurance, she mentioned that I cheated both Insurance and company by doing this and wanted the money back from me

But the admission was done on cashless basis. Insurance company send bills to hospital and hospital claims amount, and I did not submit any bills to Insurance company

Please advice me, what options I have for making such a false statement in Legal notice.

Can I file any defamation/prejury/section 499 cases. Please advice.

Thank you very much in advance for your selfless help and suggestions

 

 

 

 



Learning

 14 Replies

Adv Archana Deshmukh (Practicing Advocate)     22 May 2013

Give a proper reply to the notice thru some good advocate and deny whatever false allegations she has made and mention the true facts. No point in filing any defamation or perjury case on this basis, the cases will not stand.

fighting back (exec)     22 May 2013

@adv archana.

Hi archanaji, with reference to your last reply , just wanted to know, if legal notice has false and baseless alegations of dowry harrassment and later proved false in court, then will the legal notice be considered as mental cruelty?

Adv Archana Deshmukh (Practicing Advocate)     22 May 2013

@ no pain no gain..,

It would depend upon the nature and gravity of the allegations made as to whether they would be sufficient to constitute cruelty upon the spouse receiving the notice or not. However, they can be used as an instance of cruelty 'if used properly' during the trial.

Kiran Kumar (Software)     23 May 2013

Thank you Archana,

But My question is, Is there no recource If wife makes such a false allegation, which can be disproved right away, as I have proofs that Insurance company paid to hospital, and I have not taken any money.
 

How court can dismiss sec.499, At least Can I request appology ?? What are other actions I can take except legal reply


(Guest)

@Querist,

 

The notice served is for dowry harassment. I am unable to see any reason as to why you want to go for defamation.

 

For the time being,she has made just an allegation that is yet to be proved in a court of law.Why you are so worried!!!

 

Get yourself acquitted of all such allegation first.Afterwards you may file a case under section 211 of IPC against whom who tried to injure you by such false and fabricated case.


Note-This reply should be taken as per the declaratin given in my profile page.

 

Thanks,

Regards,

Kiran Kumar (Software)     23 May 2013

Thank you!, Its been two months since she sent the notice. Is there any harm in not replying the legal notice? as my lawyer advised below


a) If you reply she may go for false 498A, as I will put not only facts but some exaggerations, Also If you reply now, you are letting your defence now itsef.

 

Please let me know If above i true


(Guest)

@Querist,

 

1.Don't reply

 

2.Apply for anticipatory bail as per the gravity of situation.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

1 Like

(Guest)
Originally posted by : Kiran

Thank you!, Its been two months since she sent the notice. Is there any harm in not replying the legal notice? as my lawyer advised below


a) If you reply she may go for false 498A, as I will put not only facts but some exaggerations, Also If you reply now, you are letting your defence now itsef.

 

Please let me know If above i true

 

Perhaps you dont have lawyer.  Reply to notice.  Nothing will happen.

1 Like

Sudhir Kumar, Advocate (Advocate)     23 May 2013

Th facts disclosed by you do not appear to indicate your marriage to be at dead end.

 

Cross road os n odead end.

Kiran Kumar (Software)     23 May 2013

Yes, Its true. My wfie is little ethical.  but problem is with her mother, My wife told her neighbour that she is not intrested in filing a case but her mother is forcing.

I am hoping for the best.

I just wanted to know one thing. If I dont reply to legal notice, will it become confession on my part? Will it give me any issues later on?

 

Sudhir Kumar, Advocate (Advocate)     23 May 2013

@ no pain no gain

at this stage it is not a stage to decide what will happenif what is proved wrong.  At this stage the possibility of saving marriage is to be seen and if such possibility fails and there will be proceedings and if he wins thenthe totality of circumstances will indicate possibility of action for defamatio or mental torture. In some cases courts have taken serious view of false accusation of such nature.


(Guest)

@Querist,

 

Why you are repeating your query,i don't understand.Few final words from my side-

 

1.If it seems to you,think from cool mind and after a due thought,you can subsist on this marriage,try to make her understand that after marriage your home is her home and you together form a family.

 

2.If 1 not applicable,try my earlier suggestion.

 

Remember,to reach the court and secure a winning chance,one must go with clean hands and not with exaggerating material in hand.


Note-This reply should be taken as per the declaration given in my profile page.


Thanks,

Regards,


[Last reply to this thread]

Paras Awasthi (Businessman)     10 June 2013

You should take adequate steps to protect yourself by getting a lawyer to reply on the notice. Also since you have proof that you have not taken the money from the insurance company you can press charges for defamation against them.

 

I think you should get further help from legal experts for your queries

 

I suggest you try out www.lawkonect.  com

On this website you can get detailed reply to your legal queries from practicing lawyers. If you want to hire a lawyer, you can choose from a wide number of lawyers on the website according to your budget and requirements. The lawyer gets paid only after he does the decided work.

 

Regards,

1 Like

Kiran Kumar (Software)     11 June 2013

Thank you very much, I have engaged a lawyer , also requested the Insurance company to provide details.
Biased laws in India making irreapairable damages to marrieage.  and greedy mothers poisining their dauguters to put false cases.


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