Defamation case against wife
lordofrings
(Querist) 19 November 2015
This query is : Resolved
Dears
I have a false 498a case running against me, along with following additional cases -
1. DV
2. Crpc 125
I secured bail for 498a and also attended one of the hearings and then I resumed my job in abroad.
However in the meantime, my wife has contacted following -
1. My employer head office - asking them to fire me
2. My local HR - asking him to fire me
3. My immediate boss - asking him to fire me
4. Indian embassy in abroad where I work - asking them to deport me
5. Foreign country's embassy in New Delhi - asking them not to grant me visa
I have a copy of all these emails/letters she sent to them. In all of them, she clearly writes that "he is a criminal, please take action against such a criminal by firing him, by not granting him visa, by deporting him, or by not letting him to leave the country".
I have following questions. Appreciate if you can briefly provide your thoughts on each of them -
1. Please let me know if the above reasons are sufficient to file a defamation case on wife?
2. If yes, how will the proceedings go?
3. What are the chances that court will punish her even after so much oepn cruelty towards me? Because most of the time, women/wives are not punished and are forgiven by court. I dont want to chase this if court is not going to punish her at all.
4. I dont want to pull my boss/HR/employer into this. If I file defamation, will court involve them?
5. Most of the letters are in email format. How will court determine their authenticity?
I would be highly grateful for your advice.
Advocate Kappil Cchandna
(Expert) 20 November 2015
Sir,
You can file a prima facie case for defamation against then and emails are very much admitted after the introduction of the IT Act .....
Warm Regards
Kapil Chandna Advocate
9899011450
Sudhir Kumar, Advocate
(Expert) 20 November 2015
at this stage no defamation is made out (atleast appearing from given facts)
you cannot prove defamation without evidence of your boss.
Sudhir Kumar, Advocate
(Expert) 20 November 2015
"I secured bail for 498a and also attended one of the hearings and then I resumed my job in abroad."
WHETHER COURT HAS ALLOWED YOU TO GO ABROAD AND SKIP FURTHER HEARINGS.
IF NOT THEN WHETHER YOU BAIL IS STILL ALIVE OR CANCELLED.
Sudhir Kumar, Advocate
(Expert) 20 November 2015
WHAT YOUR WIFE IS DOING AND WHAT CAN BE THE OUTCOME.
1. My employer head office - asking them to fire me
2. My local HR - asking him to fire me
3. My immediate boss - asking him to fire me
IF YOUR COMPANY HAS POLICY OF NOT KEEPING CRIMINALLY ACCUSED PERSONS THEN THEY WILL SACK YOU AND BE THANKFUL TO YOUR WIFE.
OR ELSE
THEY WILL IGNORE HER REQUEST AND NOT MOVED BY HER PLEA.
Sudhir Kumar, Advocate
(Expert) 20 November 2015
4. Indian embassy in abroad where I work - asking them to deport me
DEPORTATION CAN BE FOLLOWED BY A PROCESS.
HOWEVER IN THESE CIRCUMSTANCES YOU CANNOT RENEW YOUR PASSPORT HIDING THE PENDING CRIMINAL CASE.
Sudhir Kumar, Advocate
(Expert) 20 November 2015
5. Foreign country's embassy in New Delhi - asking them not to grant me visa
IF THEY HAVE A POLICY NOT TO ALLOW VISA TO ANYONE CRIMINALLY CHARGED IN HIS COUNTY THEN THEY MAY CANCEL THE VISA AND BE THANKFUL TO HER.
lordofrings
(Querist) 20 November 2015
Dear All
Thank you all for your replies.
Please note following in my case -
1. I have got bail from police station itself and it is unconditional. There are no conditions about leaving the country or submittng passport.
2. After getting bail, I travelled abroad and then again visited India twice, for appearing infront of the judge for 498a. My wife is telling everyone in her emails that I am hiding in abroad.
3. I havent suffered a "material" loss, but its a real pain to see this emails incriminating me infront of everyone. Yes, my employer did not fire me merely going by my wife's emails, but now it has become a big painpoint for me to work in the office.
Please let me know your views
P. Venu
(Expert) 20 November 2015
For the time being, face the criminal case on merits. And just don't respond or react to the tantrums of your wife. No one can provoke or defame a person who mature enough not to be provoked and defamed.
Rajendra K Goyal
(Expert) 21 November 2015
Presently defend yourself in the cases against you.
In the given facts, defamation case is hardly to prove.
K.S.Srinivas
(Expert) 22 November 2015
Agreed with Sri P.Venu and Sri Rajendra K Goyal.
lordofrings
(Querist) 23 November 2015
Dear Experts
Thank you very much for your valuable feedback.
But, what would really be the consequences if I still file defamation against my wife (please note that I am not challenging your expertise, I just want to know since I have no experience in legal matters).
I have many merits in my 498a case, and I am fighting on their basis. For example -
1. Wife claims that on our honeymoon, she was not given food, she was beaten. But I have 500+ photographs that say otherwise.
2. Wife mentioned specific functions when she was beaten, but I have photographs of those functions where clearly everything is going well.
3. Wife says I demanded dowry, but I have proofs that I paid her father 50K in one instance, bought stuff for my BIL worth 50K, bought for wife a lot of stuff worth lakhs.
4. She has attached a medical report which claims that I beat her on X day. However on X day, I was not in India and she was with her parents. The complete medical report is questionable.
5. In 498a, only my name is mentioned, however she also filed DV case but wrote my parents name too in that
These are the merits of my case and many more.
I want to humbly ask the experts - what happens even if I file defamation against my wife -
- judge simple refuses to accept the case since another criminal case is pending against me?
- judge acknowledges that wife defamed me yet doesnt punish her since she is a woman?
- case goes on for years?
I have 4-5 emails from her, sent to different people. In these emails she clearly says that my husband is a criminal. She is also requesting them to fire me (isnt this cruelty, I am not a proven criminal yet and still she wants me to lose my job).
Wife is trying everything she can to screw me, yet I should not file 1 case on her?
- wife filed 498a in rage, without thinking twice
- at the time of filing 498a, they were demanding 1cr (isnt this extortion?).. right now their stand is give us marriage expenses..
- sending back to back emails FEARLESSLY to everyone that I am a criminal
- wants me to be jobless
- yet demanding 1L maintenance per month
Wife does all this being completely fearless. Wives in our country (and women in general) feel that no legal action will be taken against them no matter what (sorry for the biased tone, but unfortunately its true).
I urge the experts to help me find out the consequences if I file defamation.
V R SHROFF
(Expert) 23 November 2015
BETTER FORGET IT.
DON'T WASTE YOUR TIME-MONEY-PEACE OF MIND.
YOU DON'T GAIN ANYTHING.. ONLY LOOSE.
LAW WILL FAVOUR LADY. [dog barks at Elephant, Elephant don't bark, they pass peacefully..do not pay attention to her false charges. ]
