Krishnamurthy (Nil) 17 September 2013

Misuse of 498a and filing defamation/damage suit

Dear Experts,

My daughter-in-law did love marriage with my son in Nov 2008 against her parent's wishes. Since then, her parents have been trying in many ways to separate her from my son indulging in many sorts of misdeeds and unfair practices. After living with him in Abudhabi for about one and half years, on the ill advice of her parents, she deserted her husband by stepping out of the matrimonial home by end of March 2010. On reaching her parents house at Chennai, she filed false case u/s 498a and 406 against her husband and in-laws (myself and my wife who are living in Coimbatore).

When the case came up, during the mediation, she expressed her willingness to go with her husband and hence the case was quashed. In her Affidavit submitted to the Chennai High Court, she declared that she had to file the case because of her parent's compulsion and that neither her husband nor her in-laws demanded any Dowry or ill treated her in any way and that she was taken care of well by them.

She went back to Abudhabi with her husband and continued to live there without any contact with her parents and she gave birth to a female child in March, 2011. Her delivery took place in Coimbatore during which period she was given utmost care by us. Her parents did not even visit Coimbatore to see her or the child during the delivery and also for about 2 years after the delivery when she lived with her husband and baby in Abudhabi. In April 2013, she started contacting her parents again and on their ill-advice, she stepped out of the matrimonial home deserting her husband and reached her parent's house with the child. Since then, for the past 5 months, she is living with her parents without joining her husband in spite of several requests made by her husband to join him with the child.

Criminal behaviour seems to be the norm in her family and they are behaving on top level of rudeness without following any standard and acceptable norms of social life. Under the above circumstances, can my son, myself and my wife, either jointly or individually, file Defamation Suit or Damage Suit or both combinedly against her and her parents in Coimbatore City Court to compensate Rs 15 lacs for my son and Rs 10 lacs each for myself and my wife, totalling Rs 35 lacs, for all the pain, agony, defamation among our friends and relatives and legal and travel expenses? Can we win in our case since, we have solid proof in the form of copies of Affidavits submitted by the girl declaring the facts? We are much pained by the act of misusing the law meant for protecting women really suffering from the domestic violence against genuine people like us. We seek your advice how we can proceed not only for seeking remedy for us but also to set an example for many others who are suffering by misuse of the act by womenfolk.

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Tajobsindia (Senior Partner ) 17 September 2013

1. The original remedy is said to be under S. 80 of CPC and or under S. 500, 499 IPC had it been not barred by Limitation Act.

2. However, Article 75 of the Limitation Act provides that a suit for compensation for libel has to be filed within one year from the date of publication of the libel. As such if such suit if filed on today’s date then it is hopelessly time barred will be judicial view.

3. The Language of Article 75 of the Schedule is unambiguous and in case of defamation there can be no continuous cause of action as is made out via your brief before me.

4. The sheer fact that wife submitted an affidavit based on which quash happened and then she rejoins her husband and during their overseas cohabitation a child was also born and cohabitation between husband and wife was going on till she came back to Indian soils and according to you all hell broke between them as per presented facts in your brief here before me are not sufficient in its own wisdom to enhance one year limitation provided by Statute.

5. Article 75 clearly stipulates that the period of limitation of one year would begin to run when the libel is published. The language of Article 75 of the Schedule to the Limitation Act is clear and unambiguous that the period of limitation would start from the date of publication and it has to be interpreted according to the Rule of Literal Construction.

6. S. 22 of the Limitation Act has no application to the present brief if someone questions my wisdom.

7. Hence there is no merit or substance in this brief as of today's date. Find other source to bless them harmony or part amicably as then the case made out but today's brief's questions is replied in above paras.

Explanation;
Publication which I have mentioned thrice while replying herein refers to affidavit admission statement of wife you mentions in your brief which was submitted in Madras HC and based on which the complaint was quashed and which you want to rake in now proposing to file suit for libel.