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Ezaan Khan   25 January 2024

false 498 - can v file defamation case on wife

sir,
wife filed 498A & again gone for appeal for 498-A in both husband not found guilty and wife lost the case.
can husand file defamation case against his wife if yes how can he go ahead plz advice


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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     25 January 2024

This is a police prosecuted case hence no defamation case is maintainable against the wife.

Moreover if the accused has been acquitted and not that the case has been dismissed then it cannot be said that the accused has not committed any offence, the court has acquitted him as the prosecution could not prove the case.

Ezaan Khan   27 January 2024

sir party in person filed that case not through police and in judgement its clear mentioned that case has been filed only to harass husbnd and his family.

T. Kalaiselvan, Advocate (Advocate)     30 January 2024

Whether the court has dismissed the case stating that it is a false case or the accused was acquitted for not proving the allegations properly.

In the latter stage the accused will not get a clean chit,, if so there are no ingredients for filing defamation case.


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