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Kanak   07 September 2016

Defamation

Hello Everyone,

i am facing false 498a, 506 and DP3&4. also my wife filed divorce under section 13 (1) (i). i am working in government sector. recently my wife sent some written statement along with FIR Copy, Divorce Petition etc to all the higher authorities in my organization. in that she stated all the false allagetions she made against me and also said one girl name with whom she is trying to connect the issue that i have illicit relationship with her. 

now my question is can i file criminal defamtion against her? 



Learning

 14 Replies

Sachin (N.A)     07 September 2016

yes, file a case of criminal defamation.

Anup kumar   07 September 2016

This is a serious offence ,and police will check the validity of her statement during their investigation stage .no body can link with any body without proof ( phone calls,meeting ,recording,whastapp etc),but do one thing to avoid the damage take time of your wife and talk as a mutual agreement .its better for your career n life.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     07 September 2016

illicit relationship - is not a crime if that girl is unmarried.


Yes you can file criminal defamation u/s 499 IPC read with 500 IPC.

That girl also can file the same.

 

https://www.facebook.com/RockySmith4Calcutta/

Kanak   08 September 2016

Mr Anup kumar I didn't get your point of view.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     08 September 2016

Originally posted by : noname_123
you can file criminal as well as civil defamation and claim damages.

The other girl whom your wife mentioned can file also file criminal cases.

File so many cases so that your wife hides from court and as well as from you. She will become one more autohide and starts commenting here

Take the motivation from this person

Bombay HC stops lawyer after 115th case against wife

https://timesofindia.indiatimes.com/india/Bombay-HC-stops-lawyer-after-115th-case-against-wife/articleshow/7505241.cms
 

 

"File so many cases so that your wife hides from court and as well as from you" - Sorry, I am not able to agree on this point. If you are from Maharashtra then as per "Maharashtra Vexatious Litigation (Prevention) Act" you may be banned for filing vexatious cases.

 

My opinion is, file appropriate cases that has merits to prove the plaintiff as false - this should be your ultimate target

 

https://www.facebook.com/RockySmith4Calcutta/

Sudhir Kumar, Advocate (Advocate)     08 September 2016

Not able to agree. Given facts don't indicate any cause for defamation

Sudhir Kumar, Advocate (Advocate)     08 September 2016

Not able to agree. Given facts don't indicate any cause for defamation

Sudhir Kumar, Advocate (Advocate)     08 September 2016

Are you on bail?

 

Have you intimated to the deptt that you are on bail?

Kanak   08 September 2016

Yes Mr. Sudhir, I am on bail... My dept knew it.. See case is pending in court, how can she blame me by sending all false statement to all higher authority in my dept...?

Kanak   08 September 2016

That too she is making direct allegations on my character without any proof..

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     08 September 2016

"Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm" - These are the initial few words of IPC 499.

 

Direct imputation without any proof (Without any intention of public welfare) is defamation.

 

https://www.facebook.com/RockySmith4Calcutta/

Sudhir Kumar, Advocate (Advocate)     08 September 2016

"how can she blame me by sending all false statement to all higher authority in my dept...? "

 

Allegations under DFP is not only a criminal offence rather this is also a professional misconduct for govt servant.

 

The deptt may (if they so desire) initiate disciplinary proceedings on the same charge and even dismiss the govt servant from service, without waiting for the coutcome of the criminal court case.

 

The complainant has a right to send material to the deptt to facilitate initiation of discilinary case, if they so deisre.

Sudhir Kumar, Advocate (Advocate)     08 September 2016

" I am on bail... My dept knew it.. See case is pending in court, "

 

Not clear.

 

dpett knows is one thing

deptt knows it by way of your written intimation is another thing.

So I repeat

Have you intimated to the deptt that you are on bail?

Sachin (N.A)     08 September 2016

@autohide4u

Defamation is the useless case and no court take this seriously but perjury is very good case if handle properly one can save himself for paying maintenance to wife. It is true that courts avoid to take any action in sections of perjury but if a person handle it properly courts have to take action.


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