LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Defamation suit

Good evening experts,

Need your opinion to file a defamation suit.

Facts of the case as follows :

 A couple got married in 2012

Husband is an impotent person and to supress it harassed wife. Their marriage is not consummated

Finally she moved away from husband and filed criminal case against husband and his parents in 2013.

DVC case in 2014.

Husband filed for divorce on grounds of cruelty by wife ( after wife filing criminal and DVC ), and to prove himself as potent he produced an abortion report  obtained from a private hospital and also a potency report from government surgeon. Court found the abortion reports and potency reports as fake and granted divorce in 2014 as wife gave consent for getting divorce.

Criminal case was in stay from high court as he produced those fake abortion and potency reports and filed for quashing the case.

DVC examination stage .

Wife got married to another person in March 2017, now even after marriage ex-husband is harassing her by approaching relatives of her present husband and showing them those reports and creating troubles in her married life.

Now the query is :

Can she file for a defamation suit by  using the judgement copy of divorce in which the abortion and potency reports were proved as fake and fabricated .



Learning

 3 Replies

Dr J C Vashista (Advocate)     24 July 2017

How did the so-called "impotent ex-husband" conceive and aborted to procure abortion-cum-potency certificate??

A hypothetical story.

Dr J C Vashista (Advocate)     24 July 2017

@ Vahini,

None of the averments constitute either for a civil (defamation) case for compensation of damage or a criminal case for defamation.

What is your locus to the fabricated story, i.e. how you are concerned?

If you are not a lawyer consult a local lawyer. If you are counsel for either of the parties seek advise of a local senior lawyer.

P. Venu (Advocate)     24 July 2017

May be there are offences involved, but, certainly, it is not defamation.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register