Legal Question in Family Law in India

My wife filed a case for divorce on grounds of cruelty and desertion, but her petition was dismissed. Can I file a case of defamation and/or damages against her ?


Asked on 11/15/09, 1:25 pm

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

Dismissal of her petition may not give you any cause of action. however, you may consult your lawyer with your documents.

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Answered on 11/15/09, 1:30 pm
Seshadri Srinivasan www.lawconcern.com

It depends on the order of the Court. If the Court has rendered unchallenged findings that your wife's allegations were false, then you can sue her for defamation and damages.

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Answered on 11/15/09, 7:19 pm
Seshadri Srinivasan www.lawconcern.com

If petition was dismissed on technical grounds, then you cannot use the judgment to sue.

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Answered on 11/15/09, 7:20 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case the petition was disposed off on merits, and you have ample proof that she lied on oath, you may take a legal action against her.

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Answered on 11/16/09, 1:17 am


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