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Sekar   05 July 2017

Defamation/perjury against wife on 290, 506 case disposal

Hi All,

My wife had filed a case (290, 506 IPC) against my neighbor (aged 75) who involved in mediation as part of matrimonial dispute, FIR filed in May 2014 and disposed in March 2017.

And she had filed 498A, DP 3, 4 (FIR filed in June 2015against me and 7 other my family member and the case is going on at her place.

Above both the cases are filed in intention of extracting the money as much as possible, she thought that she will succeed by filing the case against my neighbor so that he can pressurize us to pay the money, as he was not afraid of her threatenings, she had filed 498a, dp3,4. Meanwhile my neighbor’s case is disposed by the court because she has never brought the witnesses to the court.

The neighbor case was disposed at my native place and the 498a, dp3,4 is still running at her native place 750km away.

Now I am thinking of going to file Defamation &/or Perjury case against my wife and one of the 4 witnesses, in my neighbors case.

Looking for experts comments on this.

Thanking you in advance! 



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 7 Replies

Arjun Kohli   05 July 2017

First of all, I believe that the rightful person to lodge a Defamation/Perjury suit against your wife would be your neighbour as his case is the one that has been disposed off and he has been acquitted(?)

Secondly, indeed there are many offences under IPC you could file as a counter-case yourself if you're confident that your side will be able to discharge the burden of proof on the same issues and prove before the court the malafide intention of your wife against you and the rest of the other family members who are in the loop.

Discuss with your lawyer to study the offences under IPC which can be suitably filed upon your wife in the present situation, under the precise circumstances of your matter.

1 Like

Sekar   05 July 2017

@Arjun, Thanks for your comments!

Yes he is acquitted, But the thing is he has already had enough drama with my psycho minded wife, I don't think his family can allow him to go against my wife anymore. As per your explanation i cannot do much in this case without his intervention... . frownMy bad luck.

But as you said i have couple of plan B, C...etc. Like TEP (Tax Evasion Petition), and may be i can go with DP-3 also (As my wife had clearly mentioned i had taken 20lac of rupees as dowry). I hope the court will accept my petition and it will not backfire, because DP-3 is like self-certifying that i had taken the dowry(in real I hadn't taken a single penny). So it has that deadlock. But as i am already facing the peak of criminal charges I can take the risk of DP-3 against my wife.

Also this weekend I will be meeting my lawyer, but before that I wanted to research as much as possible so that we together come up with some fruitful ideas.

One thing I understood from all these 5 to 6 years of hardship that lawyer alone can't fight my cases, the same amount of effort needs to be put from my side.  

Regards,

Sekar

fighter   06 July 2017

Hi Sekhar,

Your case is similar to my case, so adding my thoughts here.

1. Try to convince your neighbour to file the defamation and perjury. If you were included in that case( as accused) you can also file defamation and perjury.

2. You can ask for TEP.

3. Filing a case on DP-3 may not be a good idea. It may backfire and effect on your 498a. I have seen some judgements where DP-3 misfired.So be cautious on that.

Sekar   06 July 2017

@fighter,

He was the single accused, and as i stated above I can't ask more help from him, as he has already suffered a lot because of my marital dispute.

So the very next option i see is TEP, as you said i have to discuss about dp-3 with my lawyer and will decide on that.

And thanks for your input.

 

Rishi kumar   06 July 2017

Sorry , I posted I the wrong thread

Arjun Kohli   06 July 2017

In my opinion, if it is not a huge burden on you, in the present suit, if it is not too late a stage already, or in any other counter-defamation suit you file, you can obtain a certified copy of the judgment in which your neighbour was acquitted. Plus, you can request the court to issue a commission for recording the testimony of your neighbour on your expenses if it deems such a testimony extremely necessary despite the abovementioned judgment copy. Even if it is not sanctioned, atleast the fact that your wife is used to file cases which an Hon'ble Court has disposed off and acquitted the accused can be brought before the Court and help you build your case/defense.

However, I would suggest you discuss this step with your attorney from a practical angle as well.

1 Like

Sekar   06 July 2017

Originally posted by : Arjun Kohli
In my opinion, if it is not a huge burden on you, in the present suit, if it is not too late a stage already, or in any other counter-defamation suit you file, you can obtain a certified copy of the judgment in which your neighbour was acquitted. Plus, you can request the court to issue a commission for recording the testimony of your neighbour on your expenses if it deems such a testimony extremely necessary despite the abovementioned judgment copy. Even if it is not sanctioned, atleast the fact that your wife is used to file cases which an Hon'ble Court has disposed off and acquitted the accused can be brought before the Court and help you build your case/defense.

However, I would suggest you discuss this step with your attorney from a practical angle as well.

 

The above strategy makes more sense, if I understand you correctly what you are saying is instead of just ignoring the disposed case, I can make use of it in other counter cases which will give more weightage to those cases which is initiated by me and will involve my neighbor indirectly without bothering him too much.

Your point is well noted!


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