Civil Procedure Code (CPC)

Please help me to resolve my problem


Hi My name is Suvathi 28, My uncle son 35 is very good in character, we all like, he married a girl at 2011, and after some times we came to know that she is already married and she is not good in character, had illegal relationship with others , my uncle's son living separately from her for last 4 years, he filed a case to announce his marriage as null and void, but that petition some how dismissed last month, now he is appealing the petition, and also trying to file divorce petition.

The problem is, since he is my close relation, he comes to our home often to see our grandma, but that girl says to all that my uncle's son married me, she also did complaint to police station, also in that null and void petition she mentioned that he married m . Since she spred false things about me and did false complaint, all alliance which came for me was getting failed, but he did not marry me its not true, because of her we are suffering lot, hence myself and my family decided me to get married with my uncle's son itself since he is very good in care and character. So please advice,  is there any way me to file a petition as that girl complaint wrongly and spoiled my life by saying false things that I married to my uncles son ? Waiting for your reply, thanks in advance

 

 
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Management Consultant & Social Reformer

what is this story. Abnormal. Need more details please. How can he marry you when already married and his petition dismissed?
 
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Rajendra Sir, First of all thanks for youre reply, we are waiting for the last 2 year my uncle son to get divorce, we will wait until that, meanwhile is there any way me to file a petition against her as she spoiled my name in the socity saying false things about me that I married to uncle's s son ?

 
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Advocate Solicitor & Consultant

Yes you can file a criminal defamation case against her along with the heavy compensation for damage to your reputation in the society provided you can establish that she has defamed you by saying that you have married her husband in the society at large as "Publication" has to be etablished of her statement in the society; the court averment will not be used directly in this case but it's help can be taken at the time of her cross examination in the defamation case to publicise the matter.

 
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business

Dear suhasini, Anand bhali sir has given right advice, you go ahead and file case on her. It will be definitely helpful to you. But don't tell any where that you r going to marry him, if she gets divorce.
 
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Management Consultant & Social Reformer

I cant understand how some one marrying some one is matter of insult and defamation? How will you prove defamation has taken? You can try a criminal case first under IPC. Then see. See defamation and damages means telling something as fact which does not exist or happened and which can lower the person in eyes of his society. customers, clients and effects his personal relations and business associations. You can counter campaign against her and send sms to her contacts or even insert an ad in news paper. In my opinion you are not likely to succeed. Will any one depose that she did tell damaging things against you? The limitation for filing case is 1 year for defamation . so check on it. And do you have any documentary evidence?
 
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Engg

First please take advise of Anand Bali Advocate and file criminal defamation case asap.

-> he filed a case to announce his marriage as null and void, but that petition some how dismissed last month, now he is appealing the petition
Below is the details for void marriages.
               
Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.
 
Section 5 - Conditions for a Hindu marriage.
A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:-
(i) neither party has a spouse living at the time of the marriage
(ii) at the time of the marriage, neither party-
    (a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
    (b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
    (c) has been subject to recurrent attacks of insanity or epilepsy;
(iii) the bridegroom has completed the age of [twenty-one years] and the bride the age of [eighteen years] at the time of the marriage;
(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two.

Also please go through with the link: http://www.legalserviceindia.com/article/l152-Nullification-of-Marriage---An-Annulled-Marriage.html

-> also trying to file divorce petition.
he can get easily divorce if you guys can prove in court she was committing adultery.

Never ever do below things where opponent take it as evidence on there side.
You can counter campaign against her and send sms to her contacts or even insert an ad in news paper.

Don't focus on the people who give negative advise or 50-50 advise.

God Bless You Guys.

 
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Management Consultant & Social Reformer

Vicky ji. Please give your own advise. Dont make comment on other forum members. You are not even a advocate.
 
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Advocate

The limitation for filing criminal defamation case is two years from the date of alleged offence.  If you feel that her rumours about you that you have married her husband has spoilt your name and fame in the society and also spoils your marital career, you can very well issue a legal notice demanding an unconditional apology as well as a heft compensation from her subsequent to which you can file a defamation case dragging her to court. 

Consult a local lawyer and proceed further on his advice  on all such issues.   

 
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