Is false impotency allegation in divorce petition amounts to defamation?
Gopan
(Querist) 30 November 2013
This query is : Resolved
Wife filed for divorce on ground of alleged impotency of husband. Husband filed application in court for potency test by medical board, and got medical report in his favour.
Now, can husband file criminal/civil defamation suit against wife submitting the details of FC proceedings as evidence?
I want to know, whether the impotency allegation in divorce petition is enough to file defamation?
ajay sethi
(Expert) 30 November 2013
as for the civil/criminal defamation, the publication element (i.e it should have lowered you in the estimate & thinking of right minded people in the society) would be hard to prove, and another problem we can face in the case is that sometimes impotency can be vis-a-vis a particular person, and a man may be perfectly potent with regard to everyone else, so your wife acting as a sour loser may may raise that ground.
Rajendra K Goyal
(Expert) 30 November 2013
Repeated query:
http://www.lawyersclubindia.com/experts/Is-false-impotency-allegation-in-divorce-petition-amounts-to-defamation--437961.asp
R.K Nanda
(Expert) 30 November 2013
repeated query.
