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Rupa Keshwatkar (Nill)     24 September 2021

Defamation or Divorce

In case of false 498A, can the accused ask for more than one relief like defamation and divorce. Or is he liable to ask for any one of those reliefs.

 4 Replies

Pradipta Nath (Advocate)     25 September 2021

Defamation is not applicable in acquittal of 498A cases. The reason is that the prosecution simply failed to prosecute the accused with strong evidences and the process throughout the trial or investigation is the due process of law which cannot be resembled with defamation! Though after acquittal you can go for filing of divorce on the ground of cruelty in dragging the accused in false 498A case.
1 Like

Dr. J C Vashista (Advocate and Legal Consultant)     25 September 2021

Acquittal in a case u/s 498A IPC can be used to be cruelty committed upon accused, which may be a ground for divorce, if it is not a time pass query.
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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     25 September 2021

In the eyes of law, both husband and wife are one person and the communication of a defamatory matter from the husband to the wife or vice versa is no publication and will not come within the purview of section 499 of IPC.
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P. Venu (Advocate)     25 September 2021

Acquittal in a498A case is a valid ground for seeking divorce. As regards to defamamtion, any suggestion depends upon the nature and substance of allegation. In addition, there is the option to invoke Section 208 IPC and also, an action for malicious prosecution.
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