Advise on defamation case after aqcuittal in 498a

1) a case of defamation lies against the people who made false allegations since now they are proven false. You can claim damages in that.

 

2) re the news paper you should have filed the case then. Now it could be barred by limitation since the false news printed in 2006. This is just my opinion.

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

First of all congratulations for getting acquitted and your victory...regarding filing a defamation case...yes its possible since the case has been proved to be false...but buddy these cases take a long time to settle down...so if you have guts to spend time on that go ahead..all the best..

total reading of the acquittal order and the newspaer referred by you is needed for someone to give considered views.

no i didn't file any case against that newspaper in year 2006, since i m passing thru a truma of false case and didn't know what to do concentrate on job or cases. And i was thinking first i should come out with successes in the case and then look for filing and if they speak same allegation in the deposition as was in the newspaper.

the judgement consists of as usual they evidence theory as per evidence act the deposition is prove the guilt or not, the deposition of witnesses and complainants do not match and there was no such geninune evidence to prove the allegation and doctor opined is favor the accused. etc.... the specific words of false case or false story to take revenge of divorce such was not mentioned in the case, as judges won;t do that.

 

kindly advise

The lines you have initially mentioned are in the judgement are now being denied by you, it seems.

 

As said by Sh. Sudhir above a total reading is required. Suggest you take legal counsel.

did your wife filed a 498 acomplaint case in court or lodged FIR in police station for 498 a?

it is non bailable fpr about 90 days , than how come u got bail in four days ?

Please attach judgement copy removing all personal references so as to comment further.

Defamation cases are hard to prove and so much efforts needs to be put in. Unless you got necessary resources it is waste of time.(General Comment)

monika,

yes it's non bailable that's why got custody remand for 4 days, if it's bailable then same day bail be got.

why court will keep for 90 days only in 498a case, without other serious offence.

no sufficent evidence as usually court consider when scrunizing the points in consideration and demand sufficient evidence to proove guilt not only just evidence.

i never heard tht a 498 a accused husband is released in 4 days. the relatives of husband are only released withing a 4-5 days not husband.

which state do u live ?

It depends on allegations. If allegations are strong and there is medical evidence IO asks for more time in remand. Now a days most of the educated metro ladies to satisfy their unrealistic ego demands are stepping in to police stations as if it is their relatives house. By doing so she does not realise that she is destroying family and by the time she realises ship has already sailed past and she has to start new life by living in memories.

We can see that how Monika ji is surprised after reading the authors release in 4 days on bail in false 498a.

The laughing point is that she is confirming 498a is NB offence so husband should be in jail for 90 days..lol

 

How much she is confidence on her 498a....asking whether it was filed through court or FIR..ha ha ha

 

dear monika ji , Which myth you are living?

 

Your cheap lawyer had taught you some x y z assurances to harass husband and family and you believed him.

 

Amazing,

 

This is what going on for ladies who turned to lawyers for genuine remedy but they mind washes these ladies on few bucks where these ladies land ups in trouble after filing of such frivolous cases.

 

ESIS

There is a recent judgement where 498a lady is prosecuted for filing false case.she started her new life. Currently she is absconding and magistrate has issued NB warrants. I guess she is quite proud of what she has achieved.

in my case already i have filed perjury application against her and in one, court already prosecuted her and matter is on trial stage of evidence after she secured bail. 2nd perjury application in family court is allowed and kept for detail order for her prosecution is remain to direct criminal court for prosecution. 3rd one is in before session court and waiting for order on it.

now want to file defamation or so called compensation etc... and studying the matter what ingredient is meet to file case on her.

Now SC & law n order ministry have issued circular to state government to follow guidelines for arresting the husband n relatives in 498a cases. my was states cases and complianant lady was present at all time in the matter, actually 90 days custody is not possible in 498a cases if done so the husband side should seek other remedy from human right commission and complaints against IO's, complainant lady and can appoarch to higher court for any illegal order / custody grant by the lower court.

pls. experts do passed me some judgments of high court, sc court to read and find the material requirements in the defmatiom,compensation or any cases can be file after acquittal from false cases.

Originally posted by : Every Sufferer is a Saviour...
	We can see that how Monika ji is surprised after reading the authors release in 4 days on bail in false 498a. The laughing point is that she is confirming 498a is NB offence so husband should be in jail for 90 days..lol   How much she is confidence on her 498a....asking whether it was filed through court or FIR..ha ha ha   dear monika ji , Which myth you are living?   Your cheap lawyer had taught you some x y z assurances to harass husband and family and you believed him.   Amazing,   This is what going on for ladies who turned to lawyers for genuine remedy but they mind washes these ladies on few bucks where these ladies land ups in trouble after filing of such frivolous cases.   ESIS

i m not married.

i never met any lawyer in my whole life.nobody in my family has ever faced 498 a.

an innocent  frnd of mine is facing it thorugh his wsife.he was arrested for more than 60 days .

so i thought every husband is arrested for 60-90 days.

 

my neigbours bahu is beaten by her husband n abused by saas every other day for dowry.many times i have seen scars on her cheeks. it was in 1992.

nobody helped her yet.she does not belongs to well to do family so her parents cannot  help her

it has continued for years ......

law should be such tht the real culprit  only is arrested  not the innocent ones.