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Dev (NA)     23 January 2015

Use of inappropriate words in 498a an dv reports

In a case of 498a and DV, the wife has used words such as:

 

Jaanwar = Animal

Raakshash = Demon

 

to refer to her husband.

 

She has also stated:

 

[1] My husband has illicit relationships with many women and used to talk to them for several hours.

[2] My husband would not let me talk to my family members and if my family called me he would not let me speak with them on the phone.

[3] My husband used to come home all drunk and, that too, late at night and used to ask me to cook non-veg meals.

 

The above three points or allegations are totally false.

 

[1] The husband was never busy on mobile even if it was for his work related. He used to call her 4 or 5 times while he was in office to let her feel cared. 

[2] The wife used to be all busy on mobile and whenever her husband called her she would immediately state that she was talking about him only with her relatives. This way she would give unnecessary explanations even if the husband never really asked her, not even jokingly: "Hey, who was keeping you busy on the mobile?"

[3] The husband is 100% vegetarian and does not smoke or drink. 

 

The main point is the wife and her parents are telling people in the local society those things stated above in order to defame the poor husband and his family. They are also defaming his sister so that nobody would marry her. This way, the girl's parents are not only ruining the life of her husband but also placing the career and future of the husband's sister in dark.

 

Can this poor husband have his plea heard and lodged as an FIR somehow, somewhere?

 

His lawyer does not give any advice on this. The advocate keeps saying: "Whatever you want to do as a fightback, you can only do when the case is finished. You can go for a case of Defamation only after the Dowry and the DV cases are formally over which would take about 2 years still."

 

So, why does this husband have to wait to file case of Defamation while the case is under trial? Are the wife and her parents allowed by the Indian Laws to continue defaming the husband and his family members without any grounds? If they have grievances they can always speak before their beloved judge but who gives them rights to defamation of accused who have not yet been convicted?



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     26 January 2015

His lawyer is right in his advise. the defamed articles or imputations have to proved by getting acquittal or dismissal in the ongoing criminal cases. Then only it can be established that she has intentionally tarnished his image thereby reported to have committed an offence under the provisions of IPC a act of defamation.

Dev (NA)     27 January 2015

That means as long as the case of 498a goes on, the wife is free to continue defaming the husband by any means she can find helpful to meet her whimsical behaviour.


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