Legal Question in Family Law in India
False 498A-defamation
She put false 498A on our entire family. and we are in jail(juducial remand only) for few days and came out on bail. We have proofs that we r innocents. They are going purely by their political behaviour and defamation. she sent a letter to my father's office stating that he spent in jail. And our lawyer proposes that if we don't react in 3 months, their case may go strong. So he suggested us to go for defamation case against them.
SHALL I GO FOR DEFAMATION CASE.
My parents are in Andhra, my brother in Hyderabad. Me and My wife in chennai. and my wife put case on all including my sister living seperately.
12 Answers from Attorneys
Re: False 498A-defamation
You may file a defemation case; but only after the 498A has been disposed off in your favour. During pendency of 498-A, it may be difficult to establish the grounds for a defamation case.
Re: False 498A-defamation
go for quashing the FIR in hc. defamation would not bear the best fruits here!
Re: False 498A-defamation
This is not a case of defamation till you people are acquitted in criminal case filed by your wife.Provr her complaint false in trial.So do not opt to file defamation case at this stage.contact with details in order to suggest you measures.
Re: False 498A-defamation
This is not a case of defamation till you people are acquitted in criminal case filed by your wife.Prov her complaint false in trial.So do not opt to file defamation case at this stage.contact with details in order to suggest you measures.
Re: False 498A-defamation
This is not a case of defamation till you people are acquitted in criminal case filed by your wife.Prove her complaint false in trial.So do not opt to file defamation case at this stage.contact with details in order to suggest you measures.
Re: False 498A-defamation
This is not a case of defamation till you people are acquitted in criminal case filed by your wife.So donot opt to file defamation case at this stage.contact with details in order to suggest you measures.
Re: False 498A-defamation
This is not a case of defamation till you people are acquitted in criminal case filed by your wife.Prove her complaint/case false.So donot opt to file defamation case at this stage.contact with details in order to suggest you measures.
Re: False 498A-defamation
first of all try to get out of the 498-A case over all of you.
if you get some relief from court in this matter then you may go for defamation case against her.
For better and detailed advice contact personally, if possible, with papers. Consulation charges will apply.
Re: False 498A-defamation
u have not given dates which makes the answer a bit long and difficult. The period of 3 months suggested by your lawyer may be because of limitation. However the filling of defemation case has no bearing on out come of complaint lodged by your wife u/s. 498-A IPC. Though you definately may file a defemation case, yet i may say it will not have the effect your lawyer may be promising. It is sort of counterblast. The letter written to ur father as well as the contents of complaint lodged by her are proof of defemation. At this stage the proof of ur innocence may not help you in criminal trial u/s. 498-A due to the procedure of criminal trial.Your relation who are not living with you have a fair chance of discharge. A definate opinion will require looking in to the papers.
Re: False 498A-defamation
No. defamation does not seem to be a proper option; barring husband others should seek quashing of the FIR from the High Court.
Re: False 498A-defamation
First of all you all have contest and defends youself in the case filed by your wife and there to prove on record that the case is false than you and your other members family members may file case of defamation and damages/compensation.
Further note in mind that case u/s 498A only will where the wife was tortured or mentally or physically harassed
Re: False 498A-defamation
First advise is to go for quashing of criminal complaint against your parents and sister, since they are staying saperately, and there are many judgment of court in that regards. If you succed then the moral of your wife would be down.
There is no defamation since your wife had only stated in her letter that your are in jail, which is a fact, and any truth spoken is not defamation.
But after the trial and if your found innocent, then certainly you can have defamation case against her.