False accusations in counter affidavit
Amit
(Querist) 29 June 2014
This query is : Resolved
Hi,
To my annulment case, as counter, my wife laid following false accusations.
(1) That I took vulgar pictures of her and posted it on internet
(2) That my father took her signatures on passport form and applied for her passport with false documents.
Obviously (2) is false since to apply passport, one has to present personally to the Passport office. Moreover police verification would be done etc.
(1) is also false.
My Qs are:
(1) Can me and my father file defamation case based on these accusations?
(2) Can my father complain to passport office regd her passport (obtained by herself using wrong documents)?
(3) Is there any time limit to do the above?
(4) What other action can be taken in this regard?
Thanks
ROHIT SHARMA
(Expert) 29 June 2014
DearMr Amit,
1. The counter reply of your wife must have been submitted as by way of an affidavit. The documentary evidences also must have been placed by her with her counter reply. Such secondary documentary evidences will not be marked as Exhibits by the court until the time the procedural law call upon her make her oral deposition and submit the original of such secondary evidences for to have their copies attached with her counter reply marked as Exhibits.
2. The veracity of her allegations can be ascertained to be true or false at the time of her deposition and the cross examination by you. By that time she would need to produce all such documentary evidences that she relies upon. Get the certified copies of such documentary evidences adduced which are marked as Exhibits.
3. Only after that you have been able to disprove her allegations you can file a suit of perjury against her and seek compensation for the defamation.
4. If need be contact this lawyer for further personal private legal consultation.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 0-9824047971.
E-mail : lawgate1349@gmail.com.
T. Kalaiselvan, Advocate
(Expert) 29 June 2014
Since she has just filed a petition for annulment and the same is in just enquiry stage, let the case be processed fully, wait for the outcome of the case. If she has proved her allegations through the documents she relies upon, you have no case for defamation or perjury. Hence do not rush up with your own decision so soon, contest her case, challenge all her allegations, prove it wrong and then decide about the proposed cases intended to be filed against her.
Amit
(Querist) 29 June 2014
Thanks Rohit.
Let me wait till she presents her evidences to support her averments.
After that I'll file for perjury/defamation.
R.K Nanda
(Expert) 29 June 2014
no more to add.
