Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Inzy (Sales)     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


Quick Summary
A husband acquitted in a 498A case, where the court noted it was filed to harass his family, is seeking advice on whether he can file a defamation case against his wife. The discussion explores the nuances of police-prosecuted cases versus private complaints and whether an acquittal or dismissal impacts the grounds for defamation.

 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.

Inzy (Sales)     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.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register