Legal Question in Criminal Law in India

Nullity and defamation

Dear counsels,

If a marraige is annulled by a testification of either of the spouse that he/she had entered the marriage due to pressure from his/her parents, can the other spouse initiate defmation (civil/criminal) or any other proceedings against the spouse or spouse's parents.

Will a compromise deed stating that no such litigation will be initiated have any legal force.

Please clarify


Asked on 4/21/09, 2:23 pm

4 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Nullity and defamation

If it is in court there cannot be defamation.

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Answered on 4/23/09, 2:09 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Nullity and defamation

The issue may not involve any defamation. In any case, if the matter is compromised, that may be end of the dispute.

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Answered on 4/22/09, 12:49 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Nullity and defamation

If a petition before court contained defamatory imputation, then action for defamation can be initiated as provided by law.

A writing or deed in restrain of legal proceeding is void.

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Answered on 4/22/09, 2:07 am
Pranav Desai PD Legal & Associates

Re: Nullity and defamation

I believe there cannot be defamation in this matter. Further, the compromise restraining the other party from going to court is void in law.

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Answered on 4/22/09, 4:59 am


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