LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

rajesh   01 June 2015

Sue wife for libel

Hi,

I've no DV or 498a against me. Yet, my wife left me about a year ago and now wants to come back. Meanwhile, I filed RCR and she filed u/s 24 maintenance. Can someone suggest me any HC/SC judgements in which wife was sued for damages and libel against husband?

Raj

 

 

 

 

 



Learning

 8 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     01 June 2015

Dear Rajesh

The Judgment may be provided after geting detail of the facts.

rajesh   01 June 2015

Dear Adv Nadeem Qureshi,

My wife left matrimonial home owing to some differences with my parents. I went to her parents' house to bring her back but her mother refused me. I filed RCR in local court to which she replied with section 24 HMA in which she claims that I want to join husband but in a separate house away from my parents. I am the only son to my parents. She is threatening with demanding huge alimony unless her demand is met (living separately). I've no DV, 498a, 125 Crpc pending in any local court. Now she wants to join me with a demand that I stay separately. Does it make any sense? I lost my health, got harrassed due to ill allegations on my parents. Surprisingly, she has not put even a single allegation on me. Her parents, especially my mother-in-law, are instrumental in mouting pressure on me to live separately from my parents. I want to sue her and my in-laws for damages that I have to unncessarily incur. 

Can you please suggest me any HC/SC judegements (tort law/section 9 CPC/setion 19 CPC) that have paid compensation to hudbands for damages that wives have done?

Thank you.

Raj

 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     01 June 2015

This is UR 2nd query,first one being "CAN WIFE DISCLOSE HUSBAND'S FORIEGN INCOME" now this is a different query,why don't U state the total facts in a single thread.

T. Kalaiselvan, Advocate (Advocate)     09 June 2015

The said contents do not attract the provisions of defamatory offences either in criminal law or civil law for damages.  These are matrimonial disputes/conflicts which have remedy in respective law itself. It is for you to decide about setting up a separate residence abiding to her request or rejecting the condition of her offer to join you back.  You can arrange for a counseling session and decide this issue.

Adv. Chandrasekhar (Advocate)     09 June 2015

If she has not put any allegation against you, then where is the Libel or Slander?  Then where is the defamation?  If your parents say that her allegations against them amount to libel or slander, let them proceed under civil defamation after paying ad valorem court fee or resort to criminal defamation and face the court and her intensive interrogation to prove they are innocent and the allegations are motivated and claim damages.  If they feel offended,  they have locus standi to file case and not you.

N R Dash.. (Advocate)     09 June 2015

You filed RCR and she wants to come back??? Where is the problem, why do you want to make things complicated?????

SAINATH DEVALLA (LEGAL CONSULTANT)     09 June 2015

Since almost 8 days the querist has almost disappeared,hope he has received the desired solution.

rajesh   10 June 2015

To experts,

Thank you everybody for your answers.
 
Prior to my RCR, my wife first sent me a private notice through her lawyer, in which she put one version of being ill-treated. 
 
In reply to my RCR, she put the same but modified version of being ill-treated (so that the judge could believe), yet she wants to join me back with a demand that I must live separately away from my parents and her mother wants that to happen.
 
Her target seems to be my parents while I was living abroad.
 
 
These two different versions of the same ill treatment cannot hold true at the same time which make me suffer.
 
 
And surprisingly, she did not put even a single allegation against me.
 
Now she wants litigation expenses through u/s 24 HMA application and she has not joined me back until today.


The question goes as to why she targeted my parents in the first instance (for living separately!!??) and denied me conjugal rights when she wants to join me back????
 
Please note: I am not interested in any sort of criminal litigation against her.
 
Can I sue her for ONLY CIVIL damages that I have incurred due to false allegations against my parents because of which she has refused me my conjugal rights for more than a year now?
 
Are there any HC/SC judgements under tort law or u/s 19 and 9 CPC in this regard?

 
Raj

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register