adv. rajeev ( rajoo ) (practicing advocate) 24 October 2012

Advocate notice - defamation?

Dear Members,

My question is :

X is the daughter, Y is the step mother of ' X " . A is the husbvand of 'X". Now the relation between A and X is strained and matter is pending before the court.

X has filed several cases against A. Before filing divorce case against X, A had issued an Advocate notice to X Some of the contents of the notice are " You are aware of the fact thaty you were having distrubed state of mind due to the pin pricks given to you by your step mother to the marriage with my client". Now on the basis of these sentences to harash A, step mother of X i.e., Y has filed a suit against A claiming damages stating that notice is read by X, Y's husband, relatives and community members.

In my opinion notice issued by an advocate does not amounts to publication and it does not amounts to wide ciruclation, so suit for damages cannot be filed.

If any body got citation please upload it and let me know whether my opiinion is right or wrong.

Reply Follow

2 Replies

sandeep sangwan (-----) 24 October 2012

Yes u r absolutely right Mr.Rajoo, any defamation can't b complete without its publication. A publication may be personal like as letter to specific person, but if the sender knows the fact that the receiver of the letter is an illiterate person. Then its amount to defamation, because in that situation the sender create knowingly such kind of circumstances in which the publication is must.

But here is an another point, some matter is deal with technicalities or such type of matter in which experts advise is needed, In short if somebody is defamed us and then this is our responsibility to protect that matter not to published, but the point is If the matter is belonged to some kind of technicalities or specified knowledge area then the person who deal with that matter is like an illiterate for that matter.

To make the reply of a notice, is also like as an technical issue, in such situation that advocate knowingly use such kind of defamatory terms is responsible for defamation. one another point is that advocate is not responsible for defamation b'cos the notice is given by the advocate on behalf of his client.