SidChiBharg (Software) 12 February 2013

Can defamation be filed?

Hi Friends,
I had filed a Cyber Crime (E-mail hacking) complaint against my wife. This complaint was well investigated by the Cyber Crime Cell Police in Delhi and it was found that she had done hacking from her own home computer. The case is yet to go into court. I found somehow that she had filed a counter complaint after 1 year that someone had hacked her email account and she suspect that it was done by me. The police in her hometown could not get the details from Google and closed the case file saying that records from Google could not be received and it is a matter of husband and wife and both are trying to defame each other by filing false complaints.
I know that he complaint is bogus and nothing of that sort happened. I had never ever accessed her email accounts for sure. She has filed this as a counter blast to my complaint.

My Query:
========

Could I file a defamation case against her claiming a defamation amount in excess of 10 lacs? (She defamed me by filing a false FIR against me with false allegation. I would say in my defamation case to please prove your allegations or pay me a compensation in excess of lacs of rupees for the defamation which you have caused me. Would this defamation case stand and would it bear some fruit?)

Thanks and Regards,
Sid

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8 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 12 February 2013

Dear Author,

Yes, u can file the complaint of defamation or can get regd. an FIR against her but only after proving innocent in the case which is registered against u after her complaint. For more details u can contact me at 9871158578

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 12 February 2013

Dear Querist,

I would advise you not to go ahead with the defamation/malicious prosecution proceedings for the simple reason, that as per information that you've provided the case was closed because relevant information could not be obtained from google. This is akin to being released on a benefit of doubt. This does not prove that the complaint was false or frivolous, if only evidence was forthcoming and you had been exonerated on merits after a full trial in that case - you would have had a strong case, I won't suggest you get into litigation without a strong basis.

Good Luck !

Bharat Chugh

www,advocatebharatchugh.wordpress.com

(Guest)

Was the request rejected by Google or by judge to check her email account password change information???

Hi Bharat

Ading to his question, when a ma is damn sure that he has not hacked her email account and want to challenge her false complaint then what he can do?

Is it not his right to get the records from Google hrough court?

Does Google provide such information for matrimonial issues like this?

SidChiBharg (Software) 12 February 2013

Originally posted by : RAKHI BUDHIRAJA
	Dear Author, Yes, u can file the complaint of defamation or can get regd. an FIR against her but only after proving innocent in the case which is registered against u after her complaint. For more details u can contact me at 9871158578

Respected Sir,

How do I prove myself innocent in the case which is registered against me after her complaint?. Police could not get data from Google and they have closed the case. I know I have not done anything of that sort that I know for sure. How do I prove myself innocent. Do I get the case reopened. It is the police which has to either prove me guilty or innocent.

If the police has closed the case then it their problem. I should be able to file defamation. It is then the police duty to prove me guilty and get me convicted which I know they would not be able to do. So I think I have the right to file defamation. She (my estranged wife) should not be allowed to freely file whatever FIR she wants to file.

Thanks and Regards,

Sid

SidChiBharg (Software) 12 February 2013

Originally posted by : Adv. Bharat Chugh
	Dear Querist, I would advise you not to go ahead with the defamation/malicious prosecution proceedings for the simple reason, that as per information that you've provided the case was closed because relevant information could not be obtained from google. This is akin to being released on a benefit of doubt. This does not prove that the complaint was false or frivolous, if only evidence was forthcoming and you had been exonerated on merits after a full trial in that case - you would have had a strong case, I won't suggest you get into litigation without a strong basis. Good Luck ! Bharat Chugh www,advocatebharatchugh.wordpress.com

Hi Bharat,

I understand that the case was closed because the relevant information could not be obtained from Google. Is that my fault? It is the police duty to obtain the information from Google. I also understand that I have been released in benefit of doubt. Can I ask the police to reopen the case and prove me guilty OR get an apology from the complainant ? I am 10, 0000001 % sure that I have not done anything of that sort so there is no question of proving anything against me. The complaint itself is false and frivilous and nothing but rebuttal and abuse of process of law. I want to get her punished for filing a false FIR. How do I prove myself innocent and get her punished for filing a false FIR?

Please do guide me.

Thanks and Regards,

Sid.

MADURAI LAWYER (LEGAL CONSULTANT) 12 February 2013

Dear Sir,

Kindly file a defamation case after acquittal from the criminal case on merits.

https://www.jeevaganadvocate.com/

Subbarao (othere) 25 April 2014

Dear Sir,

Please provide me your no. I have to talk to you

mahendra limaye (Cyber Legal Consultant) 25 April 2014

Dear Complainant ,

You can avail civil remedy for damages.It will be for proving damages caused to you due to unauthorised access to your mail account.It is similar to what you are thinking of Defamation.This is only possible if police have already investigated your matter and opinioned that your mail account was hacked by her.For more discussions you may call 09422109619