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fighter (Software professional)     03 July 2015

My wife sent letter to office.

My wife sent letter to my office to make her nominee.She also made allegation of demanding dowry and vague allegations.I am working in government organization.I can prove with evidences that allegations are false.Can i file defamation case against her on basis of this letter.



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 3 Replies

Tajobsindia (Senior Partner )     03 July 2015

1. No defamation stands till marriage exists between you two by her request to your superior to make her nominee.
2. She being legal wedded wife has right of seeking nomination; reason, you being government employee.
3. Against so called flase evidence prove the same in a court of law as and when proper case cometh for hearing. 

Originally posted by : fighter
  Tajobs india..She made dowry and some other vague allegation in the same letter.That's why i want to know whether defamation case will sustaine or not.I was defamed in front of superiors because of these dowry demands allegations. If she want to be nominee she should write only about the nominee issue.


 

 

 

 

What were you expecting from an estranged wife to act the way she did act when alleged to be vague allegations does not even stand affirmed by either side till letter received by Department or otherwise thereof!


BTW, she being legally wedded wife of a government employee has a right to be named nominee which a married government employee cannot omit and/or keep in abeyance irrespective whispers and or shouts of alleged to be vague dowry allegations or during stated estrangement for whatsoever reason.


You faltered first and gave her a rope to act in the way she acted, now you cannot be expected to vent here again same question with shades of grey.   


Apex court and Conduct Rules are very clear on these. 
 

[last reply]

fighter (Software professional)     03 July 2015

Tajobs india..She made dowry and some other vague allegation in the same letter.That's why i want to know whether defamation case will sustaine or not.I was defamed in front of superiors because of these dowry demands allegations. If she want to be nominee she should write only about the nominee issue.

Adv. Chandrasekhar (Advocate)     03 July 2015

I disagree with the above proposition to some extent.  No one can force you to nominate your wife for your earnings, which you earn as govt. employee.  It amounts to self earned property.  You can by express undertaking bar her to be nominee of your gratuity, Provident Fund etc. (But not family pension, which she gets it as a matter of right in the eventuality of your death and unless you get divorce by that time).  So in your nomination papers, you expressly bar her to be nominee of your retirement benefits.  And also nominate a person on whomm you have got confidence.  But that does not stop there.  Even nominee is not equivalent to legal heir. Being legal heir, in the absence of your will, she can claim your monetary benefits.  To deprive her from that, you have to execute a will in accordance with law and keep it in safecustody.


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