Legal Question in Criminal Law in India

Re: Civil & criminal defamation

On the other hand, your wife may be entitled to pursue her complaint in a court of law on the ground that the police investigation was unfair and biased on account of some extraneous influence/consideration.

In fact, legally the police report (FAD)could not be accepted by the court without notice to her; without giving her an opportunity to file her protest petition in which situtation her protest petition could be continued and you could be made to face trial.

If appropriately advised, she may still pursue her complaint against you as also file a fresh complaint under DVA. Therefore, you may better consider a compromise with her instead of continue in 'fight mode'.

The proposed action you are considering may be counter-productive and she may rather pursue her remedies more vigorously.

Re: Civil & criminal defamation

There is limitation of 1 year for civil action and of 3 years for criminal action.

One need to know all the facts and other details to decide whether tort of defamation is made out or not. Filing of a final report by police can not a sole ground to initiate action.

Re: Civil & criminal defamation

As per the limitation act there is a limitation of 1 year for civil action and 3 years for criminal action. As far your case is concerned facts needs to be examined.

Please contact personally.

Re: Civil & criminal defamation

Contact personally with details.