Legal Question in Family Law in India

Respected Guru's,

I am nt getting any satisfactory answers to my below queries.....

My family is living in new delhi since 20 years.I have a brother who got married in jammu,He was living with his wife in delhi with us,His mother in law came to our house and took his wife with her.

She threatened us to put behind the bars.We filled a police complaint in delhi,

We filed a case of section 9 of hindu marriage act in delhi.

my brother wife nor his inlaws attende the court hearing and the case was in our favor(exparte).After six months his wife filled a dowry case (498A) on us and (488) on my brother.

The (498A) case was quashed in our favor,In high court jammu.It was written in the judgement that my brother wife has abused the law and she didn't give any valid proof or dates in support of her complaint.

I've few queries to ask

1)Can ex-parte section 9 and (498A) quashed judgements can effect on her 125 Crpc case which is filed on my brother because the judge is not giving importance to these cases judgement,My brother has been harassed and humiliated?

2)Can my brother file a defamation case against his wife in delhi ,if yes then which civil or criminal ?

3)On whom my brother can file a case of defamation,his wife or the false witnesses she introduced,they came to the police station to give statements but they never come in high court?


Asked on 7/25/13, 4:44 am

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may not be satisfied with answers here because in a court cases appropriate opinion is possible on the basis of entire case file. Your lawyer (s) handling the cases will be in a better position to guide you.

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Answered on 7/25/13, 4:54 am
prasad patil

dear client yr brother cannot file defamation case on his wife or in law. he can file divorce case after one year from passing of r c r judgement and he will get easily divorce. for any legal help call me ON 9422611385

ADV PRASAD PATIL

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Answered on 7/25/13, 5:07 am
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

Defamation can be file both under civil and criminal law. Quashing of 498a strengthens your sec 9 and weakens her 125. Defamation can be filed against wife and she and witnesses may be tried for perjury.

Thanks and Regards

Adv Rajiv

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Answered on 7/26/13, 12:49 am

ur brother can file civil & criminal case & also can file case for divorce & ur brother can easily prove that she can not want to reside with ur brother.

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Answered on 7/26/13, 6:41 am


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