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Raj (fr)     27 February 2015

Encountered a problem that after false 498a complain and fir

Sir,
How to encountered a problem that after false 498a complain and FIR and same has been published in newpaper with name,working organisation and place.

As a shock I go got admitted in govt. Hospital.
How to deal with it.
I am thinking to issue legal notice ,but how to proceed is not clear or should we go for PIB route.
Any one of us has experience ,please share it will be of geat help to me...

Rgds,
Raj
‘A woman’s character and a man’s destiny even gods can’t gauge… 
...Manusmriti



Learning

 4 Replies

saravanan s (legal advisor)     28 February 2015

If you are still in pursuit of decree in ur favour in the false 498acase let it get complete.then you can file defamation case u/s 299 ipc

Advocate Ravinder (Advocate/Attorney)     01 March 2015

The news published is very premature i.e before judgement. Even now you can file a case for civil damages against the newspaper and your wife. After judgement if you are declared innocent, you can file civil damages and criminal damages cases.

498 A fighter (Advocate)     01 March 2015

@Ravinder.P

same is my case even i had posted the fir by changing name as it is suggested by some expert,

sir please give some views regarding to this, you can understand the mental stress, i am giving  you the link

https://www.lawyersclubindia.com/forum/Please-qive-question-for-cross-116956.asp#.VPMMXCyfez4

thank you sir

T. Kalaiselvan, Advocate (Advocate)     03 March 2015

The 498a case is related to matrimonial disputes only, hence if the same was published in a newspaper, it should have been with an intention to tarnish the image and name and fame, thus a defamation case is very much maintainable.You may consult an advocate and issue a legal notice demanding apologies as well as costs towards damages after which you may initiate a criminal as well as civil suits for defamation and costs for damages.


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