Defamation case against wife
Wakle
(Querist) 12 June 2019
This query is : Resolved
Sir, I live in pune I aquital in 498A case by Jmfc court latur on 17/7/2018. Now I want to file defamation suit under 499 and 500. My question is 1) Where I able to file criminal defamation case? Latur or pune?
2)before file criminal defamation case ,is it necessary to send notice to wife?
3) time limitation for file criminal defamation case after aquital in 498a?
4)In criminal defamation case, I able to ask compensation abt defamation to my wife (I.e.50 lac compensation)????
Vijay Raj Mahajan
(Expert) 14 June 2019
Defamation case both civil and criminal can be filled but both will be different and in different courts.
The jurisdiction of the court where you suffered defamation.
The chances of getting positive relief in both cases depends on the evidence you have with regards to defamation and damages caused to you in your reputation etc.
Criminal complaint for defamation usually fail if you got acquitted on benefit of doubts.
Dr J C Vashista
(Expert) 14 June 2019
Jurisdictional Court of Latur shall entertain and try complaint u/s 499/500 IPC.
No need of issuance of a legal notice before filing the complaint.
Although there is no limitation prescribed for filing a complaint but it must be within reasonable time.
Compensation can be claimed by filing a civil suit either at Pune or Lathur which can not be claimed u/s 499/500 IPC.
What is the opinion and advise of your lawyer who have successfully sailed you through hot and deep waters? Why do not you believe his/her guidance ? However, if you have lost faith in him/her change him/her immediately and contact, consult and engage a local prudent lawyer for better appreciation of facts/records, guidance and proceeding without seeking obligation of experts on this platform although it is available FREE OF COST.
Dr J C Vashista
(Expert) 14 June 2019
There are limited/ few chances of proving your complaint/ suit for compensation against your wife in a complaint case filed u/s 498A IPC wherein you have been acquitted. Think twice before taking any decision to proceed.
Best wishes.
Dr. J C Vashista, Advocate Cell # 9891152939
