mrgop (Owner) 18 March 2010

Filing defamation case on petition in Family Court

My wife has filed for Annulment in Family Court alleging that i'm impotent and mental patient, which are entirely false allegations. So, how can I file defamation case against her? As far as I know there is a limiting period of one year within which the defamation case should be filed. So, should I file the defamation case now, or wait to get a favourable decree from family court before filing defamation case? If I wait for a decree from family court, will the max. time period for filing defamation suit lapse?

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2 Replies

Gundlapallis (Advocate) 19 March 2010

She has levelled her allegations before a court - The court will now enquire into her allegations - She has to prove them - you submit yourself to any physical or psycriatic examination she prays for in the court - Let the experts reveal their findings about your body and psycological condition in the court on record. Let the court give its judgement and after getting the judgement - file the defamation case within the limitation. You will succeed.

Devajyoti Barman (Advocate) 19 March 2010

There is conflict of decisions among various High Courts as to wild allegations made in pleading would give rise to case for defamation. So in my opinion if the allegation is absolutely false and made on oath before the judge then you should file a petion for initiating a case for perjury u/s 340 of Crpc whreafter the Family Court would send the application before the Chief Judicial Magistarate for initiating a case after making necessary inquiry.