Defamation by sister in law (jitani)
Raj solanki
(Querist) 16 October 2011
This query is : Resolved
dear sir(s)
Mrs. A has been harassed by in law and he has been thrown from the matrimonial home and thereafter she filed a complaint in CAW cell against her husband and there after the husband called in caw cell and copy of the complaint has been given to him.
in the complaint Mrs.A alleged several allegation against her in laws but she also wrote that she has not apprehension but sure that her husband has illicit relationship with her bhabhi (sister in law).
thereafter to blackmail Mrs. A,the sister in law has filed a defamation suit against Mrs.A for defaming her in the complaint which has been filed before the CAW Cell.
the complaint of Mrs. A is still pending with the CAW cell. now my question is whether the defamation suit is maintainable or not? what kind of defance Mrs. A can take in the defamation suit.
please advise me. i will highly great full you.
Arun Kumar Bhagat
(Expert) 16 October 2011
The defamation suit is maintainable. The accuser has to prove that the allegations were nothing but only truth. To say unpleasant or bitter truth is no offence. It comes under the exception of defamation.
ajay sethi
(Expert) 16 October 2011
yes truth is the best defence . does mrs A have any evidence of this relationship?
prabhakar singh
(Expert) 16 October 2011
The defamation suit is maintainable .
Stay now on your assertion and prove the circumstances that led you to conclude there is illicit relation between the two.
Raj Kumar Makkad
(Expert) 16 October 2011
As there cannot be any written or any photographic evidence with Mrs. A to prove her allegations so only one mode is available with her. She may say this was told to her by her husband and she herself had also observed/seen in her house on a specific day. There cannot be other evidence with her. She may prepare another witness confirming saying of her husband.
Raj solanki
(Querist) 17 October 2011
she ha no any witness who can confirm this relationship.
Shonee Kapoor
(Expert) 17 October 2011
The defamation suit is not maintainable at this stage unless the allegations are proven wrong and the said suit if filed can be but in abeyance till the court decides the truth in this issue.
Delhi HC had decided this case in this way, for which the SLP was not admitted.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj solanki
(Querist) 20 October 2011
thanks everyone for your valuable advice.
Mr Shonee Kapoor, i shall be highly oblige to you if you can give the name or other details of the case. i can download the judgement from the high court web.
thanks
