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Atul (Advocate)     28 September 2010


Dear sir,

My client's wife filed case in Chattisgarh for divorce stating that her husband is impotent. Marriage taken place in Gujarat's Rajkot city.

Can we file case in Gujarat  for defamation if client is not impotent . As the wife staying in chattisgarh

they found lot of difficulty in attending court with advocate. Court give interim maintenance order .

Please guide us whether case of defamation filed in Gujarat can be transfferred at wife's residece by coutr.


Thanking u.


Yours sincerely


A rathore

 2 Replies

Tajobsindia (Senior Partner )     28 September 2010

1.     Is the verdict of CGS ld. Court out that husband is not impotent?

2.     If not then it is too early to embark on such counter case at home base.

A. Defamation clubbed with 'cost' Case is bit tricky to succeed in such situation.

Mukesh M Thakkar (Advocate)     28 September 2010

Since your client's wife has filed case for divorce in court at Chhatisgarh, you first need to defend your client successfully  in the court at Chhatisgarh and prove with the help of medical check-up and other check-ups that may be suggested to prove that your client is not impotent. Once the petition for divorce on the ground of impotency is rejected by the court and after the appeal period is over, your client will be entitled to file suit for defamation against his wife. 

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