Legal Question in Criminal Law in India

Defamation case

I

Got married under HMA.In divorce case husband has brought allegation against wife she has several mental problem which is completely false.If husband fails to proove this allegation against wife can wife bring defamation case against husband?


Asked on 5/07/09, 1:32 pm

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

Re: Defamation case

If the husband fails to prove the allegations leveled in divorce petition, his petition may be dismissed; and that may be end of the matter; further litigation like defamation case may not be advisable.

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Answered on 5/07/09, 10:41 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Defamation case

Mere non-proving of allegations is not sufficient for prosecution for an offence of defamation.

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Answered on 5/08/09, 1:31 am
Pranav Desai PD Legal & Associates

Re: Defamation case

Yes

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Answered on 5/08/09, 6:50 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Defamation case

No unless you prove that you have been defamed.

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Answered on 5/08/09, 7:25 am


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