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Sunil (Engineer)     08 March 2013

Defamation post 498a aquital

Kindly advice........ My bro and mom are aquited by trail in 498a and other DV cases filed by sis-in-law. The aquital is basically a benefit of doubt ruling and shoody police work in favour of women.......this the judge's verdict. I was also aparty to the case and ny aquital is due in High court. This may happen sometime in May/June.

My question: I want to move a defamation suit against my sis-in-law. My bro is agianst it as he feels his child cutoday battle may be affected and his RCR (file 1.5yrs before 498a) too may be affected. I may not win the defamamtion suit but want to ensure that ny sis-in-law thinks twice before doing something or talk nonsense.

Will appreciate your advice.

Thanks

Regards.



Learning

 24 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 March 2013

There is no wrong to file defamation case.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     09 March 2013

Dear Sunil

You have right to file not only a defemation suit but also a case for false/malicious prosecution against her and all the witnesses if you want 

feel free to call

sridhar pasumarthy (ADVOCATE)     09 March 2013

I agree with Mr. Qureshi

Never Give Up (Fighter)     09 March 2013

Hi Sunil,

 

Could you please file timeline for your 498A ?? How long it took to reach to acquittal ?

ashoksrivastava (scientist)     09 March 2013

Defamation suit is definitely going to adversely affectRCR case.However it may give you some satisfaction of revenge at the cost of some additional pain to yourself in form of further litigation. By this time you should have become extremely clear whether you want to win or withdraw RCR Pl. go through Shoneeji's thread on it if you haven't already. regards Ashok

Sunil (Engineer)     09 March 2013

@all................thanx for the replies.

@ never give up........2 yrs the trail ended and verdict out.

@ ashok srivastava...........kindly please enlighten how my brother's RCR is going to effect if I (as beother in law) proceed with defamation. My brother may still want his wife back...........my sis-in-law had alleged against my dead father.....this hurt me a lot. Your advise awaited.

 

Thanks all again.

cm jain sir (ccc)     09 March 2013

Never think to bring back 498a lady otherwise your further life will become hell once again. RCR is now of no use so u can withdraw it.

Sudhir Kumar, Advocate (Advocate)     10 March 2013

 

My bro and mom are aquited by trail in 498a and

For Proving defamation they have to prove that :-

 

(i) they made allegation

(ii) they made before someone else (court)

(iii) you lost reputation due to allegation. (the applicant in defamation case)

(iv) the allegation was about you (the applicant in defamation case)

(v) allegation was false.

 

Point No (i) to (v) were available to you from beginning.  But it is only now you have got the point No (v). The material is complete now you can move.

Sudhir Kumar, Advocate (Advocate)     10 March 2013

When action is brought against thos e who make false allegation then the misuse of these laws may be checked and only genuine complainants will be there. 

 

Present scenerio of false allegations is defeating the purpose of these laws.

Sudhir Kumar, Advocate (Advocate)     10 March 2013

For Proving defamation thye ave to prove that :-

 

(i) they made allegation

(ii) they made before someonse else (court)

(iii) you lost reputation due to allegation. (the applicant in demation case)

(iv) the allegation was about you (the applicant in demation case)

(v) allegation was false.

 

Point No (i) to (v) were availabnle to you from beginning.  But it is only now you have got the point No (v). The material is complate now you can move.

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com)     10 March 2013

Defamation cases can be filed no surity of result  but you can surely make them to dance before legal system.

 

Taking action for filing false cases as suggested above is peanuts and not worth the paper.

 

Even a properly worded notice  for defamation brings shivers on recipents. But it is not a child s job and certainly nor for an upcoming advocate who have no experience for similar work.

 

But there is other side of the story also that it is expensive and you will also be tied to the system.

Manish Udar (www.Mehnat.IN)     10 March 2013

Husband want wife to come back even after criminal case against whole family. Not logical.

Brother of husband wants to sue the woman for defamation, while husband wants the wife back. Not logical.

Acquittal on basis of shoddy police work, yet you hope to win the defamation suit. Not logical.

It is a dead marriage. Your family should move on as soon as you can from this cruel woman.

 

+91 98180 28828

www.mehnat.in

Sunil (Engineer)     10 March 2013

@ Manish Udar...........thanx for ur advise.... the moment you enter the arena of police and courts logic stops working its only money and patience......... marriage is dead but child custody is alive.............. moving on life means to let go public hurt and disgrace to my dead father..........well can't understand the logic.

Manish Udar (www.Mehnat.IN)     10 March 2013

If you know the marriage is dead then why don't you ask your brother to withdraw the RCR? Your brother cannot even file counter suits due to this RCR. Either decide to fight like hell, or try to beg a cruel and viallainous woman for forgiveness. Don't try to walk in opposite directions simultaneously.


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