Legal Question in Family Law in India
Defrauding using mutual settlement
I was planning to file a defamation case against my wife for filing a false 498a which reduced my standing in society . however she and her attorney came and gave good settlement offer for mutual consent dovorce and my lawyer also made a lot of persuation speach on finishing litigation , having peace of mind etc. However after some time suddenly they rescinded and when I asked my lawyer to start defamation he smiled and said the limitation period is over and you can't file now .
Please tell how can I bring my lawyer for not informaing me of limitation period and my wife and their family for using settlement as a tool for getting over their crime of defamation
3 Answers from Attorneys
Re: Defrauding using mutual settlement
in case you have already settled the case by mutual consent, i.e. got divorced, then you have lost the chance to file a case of defamation as when the petition is drafted, it is mentioned that no party would resort to any case against each other but if your wife has backtracked from filing a petition for mutual consent, then u stand a good chance to prove her allegations false and sue her for defamation. let me know the status at 9811284735 to seek further clarifications.
Re: Defrauding using mutual settlement
You should have sufficient proofs for all this.
Re: Defrauding using mutual settlement
it is more an emotional issue than legal. you should try to settle the matter amicable thereby trying to buy peace of mind on all the family dispute related issues. further litigation will be complicated, may be fruitless, and very costly and time consuming.
if you are still intererested to spend your resources on such litigation, you should engage a lawyer who should pursue your interest.
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