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mrgop (Owner)     21 February 2010

Filing Defamation case against wife

The Annulment/Divorce case filed by wife just one month after marriage is going on in Family Court. The grounds are husband's impotence(both psychological & psychological) and mental problems which are entirely false allegations. She/advocate is not appearing in court and 5th counselling session is over.

So, can i file defamation case in this circumstance? Is it possible to file defamation case based on false allegations in divorce petition at this stage if I'm ready to go for medical test from criminal court if required?

Or should I wait to get a favourable decree from family court, which is very time consuming, to go for defamation case?


 9 Replies

Anil Agrawal (Retired)     21 February 2010

If the hearing is over, what is the family court doing? Hibernating? 

Defamation? The word makes for very fine reading. If you file the case, the outcome may be known in the next generation. Proving defamation charge is like reaching the moon on a rope.

1 Like

Aftab4u (PVT EMPLOYEE)     22 February 2010

Rightly said by Anil Ji.



Sanjay Khandelwal (Manager Legal)     01 March 2010

best way is to file criminal complaaaint casse  and in case if any document is filed in support of their allegation then  attach counter of medical test

Anil Agrawal (Retired)     01 March 2010

I think you can't a thing unless you get the verdict of the family court.

shyam sunder akula (advocate)     07 March 2010

hai sirs this is a.shyam sunder,advocate ,gadwal of mahaboobnagar d.t. a.p. iam practicing since 4 years in both civil and criminal.  a criminal case was registerd in a p.s against a1 to a4 u/s 363,420,468 506 r/w 34 ipc. after filing of charge sheet ( u/s 636 r/w 34 ipc only and delated the remaining sections), on behalf of the accused a1 toa4  i filed dischare petition ,the learned magistrate  discharged the accused - a4 from the offence. the accused was a business person and have a good reputation in the society, after he was sent to judicial custody( 2 days ) , the accused sufferd mentally and physically beacouse of the false case filed by the defacto complainant.  weather the discharge of the accused is the ground for filing  defamation (offence u/s 499 ipc which ispunishable u/s 500 ipc)against the defacto complainant,kindly give some case laws

shyam sunder akula (advocate)     07 March 2010

sir one correctionin forth para -(charge sheet was filed u/s 363 r/w 34 ipc only )

Anil Agrawal (Retired)     07 March 2010

Defamation? Do not touch it. Decision will come in the next generation. That is our fate. The CJI says the victim should be allowed to marry the rapist. 

mrgop (Owner)     08 March 2010

Originally posted by :Sanjay Khandelwal

best way is to file criminal complaaaint casse  and in case if any document is filed in support of their allegation then  attach counter of medical test


Can a criminal/defamation case be filed on false allegations, Mental problems and Impotency, in a petition for Annulment/Divorce filed in Family Court? I've already filed counter in Family Court denying all those allegation and they have no evidences also, and the case is in progress. So, I would like to know if I can go for Defamation case before getting the decree from Family Court? Can I submit the Annulment petition filed by wife as evidence in defamation case? plz help.


Why not to file a RTI with court asking to Provide certified copies proofs your wife submitted in support of her claim (impotence)

if court do not provide any copies then they themself prove that she proved wrong, then you can question court based on what fact she is filling Divorce.


Similar one i found here but none answered.

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