Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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house wife... (na)     13 December 2013

Notice from husband

i m staying with my parents since january...my husband put false complaint in police station against me and my relatives that we threaten him verbally and physically( which was totally false) even police donot belive and by considering and investigating all facters end his complaint and warned him not to missguid police again.

some history ....

my husband not want to take back home me and my 1 year old daughter is in my parents home nearabout 1 year...when ever any one went to him to discuss he puts his name in false suit which he puts on me and my parents in april2013 

now his false defamation case which is in argument stage from last three hearings

he send notice to my uncles only

not againste or my parents.......

 

my ques are as follows

1. how far that case will move ? coz it started from ap 2013 and now its in argument stage

2. what will happen if it is proved false?

3. what will happen if it is proven true? but it is not true at all just his assumptions and presumptions

4.



Learning

 7 Replies

house wife... (na)     13 December 2013

4. why he send notice to my uncles and not against me and my parents?

5.in notice he wrote i mean his lawyer wrote to apologise him in wrritten with in 7 days...

what it means...........

plz suggest accordingly

and what should we do to dismiss his false defamation case plz  ineed help...

MohammedRaffiq Bijapur (Advocate)     13 December 2013

Hi Nobody

U R with everyone except ur hubby..Ok

See we cannot answer to all ur questions which u r apprehending on assumptions.

However as regards ur query about remedy on dismissal of false defamation case filed by ur husband..if ur interested file suit for malicious prosecution.

1 Like

LegalExpert (Lawyer)     14 December 2013

query can be answered only by knowing the contents of the notice which you have not mentioned at all. I think u r mixing two cases over, 1 is defamation and other is notice by lawyer of your husband. It is not clear whether asking remedy for legal notice or for defamation suit? I think you yourself is confused over the matter. first of all, clear the contents then ask for remedy again.

Adv. Neha ( )     14 December 2013

Better fight the case on merit. Court will decide whether the case is false or not and give its decision on merit. But you have not mentioned what do you want?? whether do you want to give divorce to him or do you want to live with that person again who has filed false complaints and cases against you and your family.

Adv. Neha

house wife... (na)     15 December 2013

I am elaborating more... From jan 2013 i m residing with my parents ....after a heavy fight btw my husband ..on that day some relatives from our side and some from his side talk and both sides saw my husband and my mother in law are not doing good with me .my condition is worse so both sides decide that i should go with my parents After that 4 months we tried to reconcile again but my husband and mother in law are adament and nt ready to take me home.... We put complaint in caw cell for councling...i wrote on complaint that i want to livewith my husband and plz by make him understad and rehabiliate me with himBut of no use he came their and said put false cases on him do any thing bt i m not ready His relatives which are very close with him are with us all tried to make him understand but he cant On april 2013 he put false defamation case on us..even we dont put any case on him. And took back complaint from caw cell also./ Our defamation case is now on argument stage...from last three haerings....on that case he puts name of me my parents my bro and two of my uncles to defame him in public.... We are fighting it on merits In between we tried to reconsile.my bro also talk to him on oct. He said he need time to think over it..we are waiting til then.. And now in month of nov his lawyer send notice to my uncles all that is written in defamation case that my uncles malogn his repo in public etc etc...but thir is not my or my parents name ..notice is came only to my uncles not us....he write to have apology from him with in seven days of notice came otherwise he will put fir of my uncles by writing 452 etcetc..... Why he not send any notice to us what it seems like...he is only angry with my uncles and lenient towards us... How many months defamation case will move What shoul i do to win defamation case.. What will happen if defamation case is proved right or wrong.. Plz reply i m w8ing eagerly thank u all. For reading

Adv. Neha ( )     17 December 2013

@nobody one thing that strike my mind that if you were treated so badly then why do you want to go at that place again?? Query of notice can be answered only by knowing the contents of the notice. PM me the notice to me then after seeing the contents of notice, only then your query can be answered.

Adv Neha

LegalExpert (Lawyer)     21 December 2013

According to your elaboration, I believe earlier your husband filed a civil case against your family. now he sent a legal notice to file a criminal case against your family. Better ask apology within said time rather than multipliciting the cases further. Rest PM me the full notice, only then appropriate remedy can be given.



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