Action for making false allegations/statements in the court
swaminathan
(Querist) 23 March 2015
This query is : Resolved
In a matrimonial dispute petitioner made allegations stating that the parents of the respondents are criminals. Also stated that the respondent's mother was punished by her employer and reprimanded on being found guilty of trying to take bribes to do loan processing work.
The above allegations are in the form of affidavit by the petitioner. These allegations are repeatedly told by the petitioner's advocate also in the court. Whether action for defamation is possible against the petitioner and the advocate? If yes jurisdiction of the court- whether same family court where the matrimonial dispute is handled or in any other court? Advocate's oral allegations are not recorded by the judge. In such a situation how to proceed?
Devajyoti Barman
(Expert) 23 March 2015
No case for defamation lies on the statements made in the petition pending in court.
swaminathan
(Querist) 23 March 2015
tks. Can there be a case of perjury
Devajyoti Barman
(Expert) 23 March 2015
It can be told only after going through the contents of the statements and its background details.
Rajendra K Goyal
(Expert) 24 March 2015
All the documents need to be referred, consult local lawyer.
ajay sethi
(Expert) 24 March 2015
the petitioner has to prove allegations made in petition . if petitioner is unable to prove allegations her petition would be dismissed
T. Kalaiselvan, Advocate
(Expert) 27 March 2015
Neither defamation case nor a perjury case is maintainable. If the allegations are not proved the petition will be dismissed on merits.
