defamation
kunal
(Querist) 25 April 2011
This query is : Resolved
We married as on Mar 2008, after 4 to 6 month her father took her for deepawali, never communicate until Jan 2009, and locked up her in house threatened for dire consequences, life & fatal threats and blackmailed her and asked to sign on advocates paper for 498 notice and send me notice with false allegations which prone to 498a.As I send legal answer to the notice, they people prepare to filed suite 498a and took signature forcefully from my wife. With this act of her parents, she got panic and decided to leave her parents home without intimation to them and me also. On 19th Sep 2009 I received call from my wife, she was crying and ask pick her from Nasik bus stand and inform me that she is leave her parents home permanently. Since then my spouse and me live in threats of life from my in laws, their relatives with help of handful local politicians and goons. We have filed defamation suit –section 500,503,504,506,507 in Dec 2010, against my in laws. My wife is complainant, myself witness and victim and my wife’s parents i.e. My in laws are respondent.
We have documentary evidences as follows
1. Notice with various allegations on one of the advocate’s letterhead duly stamp and signature
2. N.C. with police
3. Application with police
4. E mail Copy to S.P.
5. Handwritten letters of declaration of wife to her parents, relatives and nearby
Is this ample to prove guilty??????
Devajyoti Barman
(Expert) 25 April 2011
Without seeing the allegations in the complaint, it is difficult to comment on the merit of your case.
Kiran Kumar
(Expert) 25 April 2011
Mr. Barman is right....what will constitute proper evidence in your case is a matter of observation. And the observation can be given after seeing the documents.
otherwise, if there is a consistent threat to your life and liberty then you both can approach the local police for police protection and in case no such relief is provided by police then approach High Court for protection of your fundamental rights.
Govind
(Expert) 30 April 2011
The case which you speak is not a defamation case.
you can file a suit for compensation against your in-laws for mental agony, departing your wife from you without your consent and also your wife can file a criminal case against them for threatening her, blackmailing her and Abetment (s.110 IPC) voluntary causing hurt to extort confession (s. 330 IPC), wrongfully restraint (s. 341 IPC), wrongfully concealing or keeping in confinement, kidnapped or abducted person (s. 368 IPC)
