Defamation case and to get the marks card
Murali
(Querist) 07 September 2015
This query is : Resolved
Hi Experts,
I had a love marriage recently. My father in law and his family was not okay with our marriage. We have already registered our marriage legally. My wife's documents like marks card etc is in her parents house itself. 1) how can I get my wife's documents ?
My father in law has posted in Facebook stating that her daughter ( my wife) died with a garland photo of her. He is also abusing me and my family in watsapp and text message.
2) Can we file a defamation case against him ?
Awaiting your valuable response !
Thanks in advance.
Kumar Doab
(Expert) 07 September 2015
If both of you are not in any prohibited relation as per your faith and were at marriageable age and have married as per law of the land then you are now husband and wife.
The father of your wife must not defame you or show his daughter as dead if she is not dead.
May be that it is his way of showing his hurt.
While you may save all messages you may try to win over the wife's family with your conduct, love and affection.
The litigation will affect everyone and cause more hurt,animosity etc
You may count that he is aged man.
Rest is upto you.
Murali
(Querist) 07 September 2015
Thank you Kumar. Yes we both were major hence got married legally. He is been doing all these even after getting to know that we are legally married. Moreover we are relatives only, my wife is my cousin sister's daughter only. He is been texting my sister who is 7 months pregnant , my mom , my dad etc. Am even scared of my life as they had even told in front of police that they will get her married to someone else even if she is married to me.
Murali
(Querist) 07 September 2015
Thank you Kumar. Yes we both were major hence got married legally. He is been doing all these even after getting to know that we are legally married. Moreover we are relatives only, my wife is my cousin sister's daughter only. He is been texting my sister who is 7 months pregnant , my mom , my dad etc. Am even scared of my life as they had even told in front of police that they will get her married to someone else even if she is married to me.
Sudhir Kumar, Advocate
(Expert) 08 September 2015
she can go an get her certificates and if necessary can take police help.
Murali
(Querist) 08 September 2015
Thanks Sudhir
ADV-JEEVAN PATIL, MUMBAI
(Expert) 08 September 2015
Since both of have validly married no one can hurt u under this planet in anyway on that account. Serve notice for defamation or ask to withdraw post by oppology. Else file police complaint.
malipeddi jaggarao
(Expert) 08 September 2015
Your wife can seek police protection for going her house to retrieve the documents explaining the entire story to the police. This will solve your problem for the present. Rest - better maintain silence for some time so that the wounds caused would heal over a period of time. Fighting with our own people is no way good for anybody.
Rajendra K Goyal
(Expert) 08 September 2015
She can take police help for taking the documents.
Avoid the steps of your in-laws, they may accept the situation after some time. In your actions treat them as your relative and respect them accordingly.
Kumar Doab
(Expert) 08 September 2015
You have posted that:
"Yes we both were major hence got married legally. ...................we are relatives only, my wife is my cousin sister's daughter only."
She is like your daughter!
You did not disclose this relation in your first post!
How do you claim that your marriage is not within the prohibited relations?
What is our personal faith e.g.: Hindu?
Which law as per you or your lawyer permits marriage in this relation?
As far as her educational certificates are concerned that are her property and she can ask for these.
malipeddi jaggarao
(Expert) 09 September 2015
@Expert Shri Kumar Doab - I believe by his name, the author is from Andhra Pradesh/Telangana area. In this area marrying sister's daughter is allowed by legally recognized custom.
Sudhir Kumar, Advocate
(Expert) 09 September 2015
what can the forum do if the querist is giving facts in installments.
Guest
(Expert) 09 September 2015
Better follow the advises of the Senior Mr.Malipeddi Jaggarao.
Murali
(Querist) 09 September 2015
Hi Experts...thanks for your valuable inputs...@ Kumar Daob yes malippedi sir told right..we are Telugu Hindus...
Latest update..we went to police station to file defamation case...police said it comes under 66a of IT act..they told me to come to police station after the fir message I recieve to collect first copy...but today they are saying there is a mistake in the section and they are delaying the process.. Its been more than 30hrs now. Please let me knw wat shud be my next step. In one article I read ..it says we can file for for defamation ...in another it says its a non cognizable offence hence fir is not required... Is sending the notice via a lawyer is the right move ? Please suggest
Kumar Doab
(Expert) 11 September 2015
@Expert Shri Malipeddi Jaggarao,
>>> Yes there is a mention of it in the Central Govt Act also...............
The Hindu Marriage Act, 1955;
http://indiankanoon.org/doc/635068/
Sec 5. A marriage may be solemnized between any two hindus, if the
following conditions are fulfilled, namely:-
(iv.) the parties are not within the degrees of prohibited relationship unless the custom or usage governing
each of them permits of a marriage between the two;
>>> Therefore if custom permits it................then one may need to establish that there is a custom.
>>> The customs may vary and may be topography/location specific.
IN another publication at following thread it is mentioned (although the reference is made is generic to 'South India' and not to Telugu Hindus, therefore the querist may check with local counsel specializing in such matters and well versed with local laws):
'Thus, the position is same as under the Hindu Marriage Act, that is, if the community or local custom permits certin consanguine marriages, you may marry. In South India, for instance, one may marry his or her mother's brother's children or father's sister's children but not mother's sister's or father's brother's children.'
http://www.lawyersclubindia.com/experts/First-cousin-marriage-christian-255596.asp#.Ve_Ppn1-jMo
Kumar Doab
(Expert) 11 September 2015
>>> Sec 3(g) explains: "degrees of prohibited relationship"
Therefore the querist need to establish that there is a custom in his area/community.
>>> Subsequent to prohibited relationship as in Sec 3(g).............Other clue is that:
‘The consequence of these legal provisions is that if a Hindu, Sikh, Buddhist or Jain wants to marry in prohibited relations.........................he can do so under the Special Marriage Act, though his personal law does not permit it.’
Therefore Once again............... the querist need to establish that there is a custom in his area/community.
malipeddi jaggarao
(Expert) 12 September 2015
it is well recognised custom in Andhra Pradesh among Hindus.
