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kush (engr)     22 November 2013

Problem after divorce

Dear SIr,

I got divorce through MCD after paying alimony about 8 months back. Now I am getting new marriage proposals. But the problem is as the matter progresses, my ex in laws some how come to know about it(as we both are from the same place and same caste) and they call the girl's side and say all filthy things about me and my family and this is affecting my next marriage.

Can anyone suggest me how can i solve this problem? Is there is any legal remedy for this and how it can be implemented. However in the petition and in mediation report it is clearly written that none of us will not malign others image. But they are violating it.

Regards,

Kush 



Learning

 2 Replies

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     24 November 2013

proof is required to have a legal remedy.

Adv. Rajiv (Advocate)     25 November 2013

Dear Kush,

This is a plain case of defamation which is also responsible for damages that you are suffering. So, you may file a defamation suit against your ex-wife and her parents if they are defaming you without an element of truth in their allegations. However, it may not be very easy to prove but, then a smart and experienced legal practitioner is what you are in need of. There are many cases like this, as this keeps on happening all the time where the former spouses in order to have their revenge try to get back in such manner which borders on illegality but which may be not easy to prove.

Also, you have mentioned the order to desist from the practice of bad-mouthing in the mediation report. If it is a case of court order mediation, then it may amount to contempt of court and you would be advised to bring the same to the notice of the court concerned. In the case of Ram Juwan vs. Devandra Nath Gupta, the Supreme Court of India held that “An undertaking entered into or given to the Court by a party or his counsel or solicitor is equivalent to and has the effect of an order of the Court, so far as any infringement thereof may be made the subject of an application to the Court to punish for its breach.” So, an agreement to refrain from defaming the opposition essentially becomes the order of the Court, which if not complied with would attract penalty for contempt of court.

But, again as I have said earlier, the specific facts of your case will be the determining factor as to what action is advisable in your case.


Adv. Rajiv Malhotra
www.lawkonect.com
 


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