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Dhanasekar (Advocate)     06 October 2015

Defamation suit

Learned Experts,

498A case ended in Oct 2014 and got acquittal based on prosecution not proved quilty.

498A victims shall go for defamation now? still there are case on the same i.e DV and 125 Crpc 

Rgds...



Learning

 2 Replies


(Guest)

Have you heard a saying in Hindi- Jaan bachi aur lakhon paye. Lot ke buddhu gjharko aye!

You should thank god and law agencies that you came out clean. Dont take panga more and settle yourself. Forget all this

When a proper police complaint is made by some one  the acquittal need not necessarily be because of false complaint but due to poor investigation and prosecution in court.

One has to prove that complaint was with some ulterior motive to gain advantage or to  knowingly cause damage to image. Then question comes what damage has taken place actually. Then how much is quantum of damage.

These are not easy. Law has to balance between  right to move law in action and  probability of damage.

 

If we make this a rule that accused in every acquittal case should file damages suit, no one will go to police and courts. Has the judge clearly mentioned in judgment that lady had made false and motivated allegations without any base and she had  full awareness of this fact to cause damage to accused persons?

So just relax and start a new life.Keep clear of the lady

Despite acquittal DV Act will applky for her rights and so will be 125crpc.

Please fulfil your duty as husband dont try to wriggle out of everything. Specially if she does not earn anything and more so if you have child

saravanan s (legal advisor)     06 October 2015

why do you want to file defamation case and waste your time.just get rid of her and start a new life as filing a false 498a itself is a ground for getting divorce as it amounts to cruelty


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