Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Need Legal Help (Finance consultant)     29 April 2017

Right time to file defamation case on wife

Dear experts,

              Wife filed divorce case. She couldn't submit a single evidence against me but I submitted over 100 evidences against her. I don't want divorce as we have 7 year old girl child. As of now cross examination is done and final hearing is pending. 

              After cross examination, honorable judge also said that just showing sibling's SMS that get money from your parents is not dowry. Such SMS even wife can write using husband's phone. Same is the case with e-mail. Just casual discussion out of frustration cannot be called dowry. I don't remember which Supreme court guidelines honorable judge referred but he clearly said that educated women should not abuse dowry law with just electronic document. If she was actually treated badly for not fulfilling dowry demand then why she didn't file FIR before filing divorce case on dowry? He clearly mentioned that just dowry allegations in petition are not enough. My lawyer also pointed out that dowry email anyone can write using outlook and change "From" e-mail. It cannot be called proof. 

             Since dowry allegations were against me, my parents and siblings, I would like to know when is the right time to file defamation case against her since such allegations are on public domain ( on court's website ) ?              

              I would appreciate if lawyers in Mumbai can provide their number in personal message and cost along with their expertise in winning case against biased law and defamation case. I know very well that judgement may not be in my favour but I would like to go ahead with defamation case.

Best Regards,

AK

 



Learning

 4 Replies

saravanan s (legal advisor)     29 April 2017

dont waste your time by filing defamation cases.better concentrate on the cases filed over you 

Rajiv kumar (abc)     29 April 2017

I will say do file every case if you have money to spent on. Because "attack is the best defense". This should be done to negotiate rather trying to win or loose game. People negotiate when they realize there is no point in wasting the life in court. There is no right or wrong time for filing the case, are you planning to win the defamation case "Certainly Not". 

The case will help you to negotiate into the matter. As the delayed policies of the judiciary is utilized as a tool in all false case. If she might be knowing that the case would be decided in three months. She must have got negotiated or may not be filed the case. 

Manoj   29 April 2017

I fail to understand one thing, when husband or wife for whatever the reason not ready to lead life with his or her partner, why can't we understand that it is their fundamental freedom at stake if other party tries to remain in the relationship.

Times have changed, live and let others live. Don't become kingdom of hell on earth for them. Just move on, look at other great opportunities.

Dr J C Vashista (Advocate)     30 April 2017

In given circumstances defamation case against wife is not maintainable.

Concentrate on some productive and positive action.

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