Defamation suit agst false allegation by wife in div.peti.
Querist :
Anonymous
(Querist) 30 May 2011
This query is : Resolved
Dear sir/madam,
pls advise me -my wife has charged me with false allegation of embezzlement of rs 3.5 lacs in a co.in div.petition filed by her in april-09.I have to file the case-what preparation necessury, and is witness also to be presented in court by me in this regard.thanks !
PALNITKAR V.V.
(Expert) 30 May 2011
One can file a suit for damages for causing defamation. What you have to prove is that the allegations made by your wife are false and that your prestige in the society was lowered down. Evidence of your friends, reltives would be relevant.
Devajyoti Barman
(Expert) 30 May 2011
During the pendecy of a case, the suit for damages before the disposal of the pending case is not a good option.
First you counter the case filing your written objection.
During evidence you need to bring the witnesses to corroborate your version. After disposal of the DV case in your favour, the suit for damages will have more tooth.
Kiran Kumar
(Expert) 30 May 2011
she must have supported her claim with an affidavit.
if she could not prove her allegation then better would be to proceed against her under S.340 Cr.P.C for giving false testimony before the court.
Querist :
Anonymous
(Querist) 30 May 2011
Dear all,
thanks a lot to all of you,sir. one more thing,she couldn't provide/prove in reply of notice given by my advocate in this regard.I have company's character cum exprience certificates and co.says it will say truth when investigated and u should file suit for def... can i file under 340 Cr.P.C. as well as suit for defamation u/s 499 simultaneously.
thanks!
Devajyoti Barman
(Expert) 30 May 2011
No, you can file only for perjury u/s 340 crpc. Making false statement in a case is not defamation as provided for under section 499 IPC.
PALNITKAR V.V.
(Expert) 01 June 2011
I feel that making a false statement which is defamatory per se would attract Sec. 340 CrPC as well as defamation. A statement can be false as well as defamatory.
Querist :
Anonymous
(Querist) 01 June 2011
Thanks a lot,sir!
