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NARESH SHARMA (Technical)     12 September 2016

Court notice received and hide

Dear Experts,

Can a defamation case be filed for damages, issue is....Sister in law(Brother's wife) got received divorce paper of sister and hide thereafter case ran upto around three years and court gave ex-part divorce decree to sister's husband, husband has also mislead the court, there was no knowledge about the notice to the sister, after two years one relative gave the information that her husband has got the divorce from court long back. We enquired and got the paper and challanged the decree to high court and got the information about the notice received by brother's wife but due to limitation petition partly allowed, thereafter we challanged high court order in supremecourt and succeed and set aside the divorce decree. in the supremecourt judgement it was clearly written about the Brother's wife name and about the receiving of court notice.

now sister wants to file a suit against Bhabhi for this damages / defamation , please guide Is it possible to file the suit or other suit so that recover the damages. She has spoiled the life & losses of children.

Regards



Learning

 2 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     12 September 2016

Defamation not maintainable. Cheating would be .

Augustine Chatterjee

Advocatew & Solicitor at Law

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Nitish Banka (lawyer)     12 September 2016

go for a appeal against the decree and prosecute brother's wife for cheating file a case under section 200.CrPC


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