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?
Guest
(Expert) 30 November 2013
She had applied for divorce with false allegation also it is so damaging.You could file damages stating the reason she had spoilt his status in the society and also you could tell the court her intentions should be different for getting seperated and definitely no mainteinance would be paid
prabhakar singh
(Expert) 30 November 2013
The fact of impotence at the time of marriage
continuing till date of petition provides a ground getting the marriage declared a nullity.There is no doubt that even the relative impotency can be a ground for dissolution of marriage at the option of the aggrieved spouse.
However if it is a false allegation,the same amounts to cruelty by chager spouse on the charged spouse,and can serve as ground of divorce to spouse charged with such stigma.
In addition such a false charge is greatest defamation of a spouse as such a false allegation would render the party falsely charged as "unmarriageable" and would sully the reputation and prestige of such a spouse.
So in my view a suit of defamation for compensation would certainly be maintainable.
But as regards to your particular query that"whether the impotency allegation in divorce petition is enough to file defamation? "MY RESPONSE IS IN NEGATIVE.
Rajendra K Goyal
(Expert) 30 November 2013
Repeated query.
http://www.lawyersclubindia.com/experts/Is-false-impotency-allegation-in-divorce-petition-amounts-to-defamation--437951.asp#.UpnZ-uKLq_I
prabhakar singh
(Expert) 30 November 2013
I do not know how does it yield to querist who prefer to repeat.
Gopan
(Querist) 30 November 2013
I repeated the query in criminal forum just because it would be filed either in criminal/civil court, and not in FC.
Guest
(Expert) 30 November 2013
It had been repeated in the same querists column only.
T. Kalaiselvan, Advocate
(Expert) 30 November 2013
If you have decided to go ahead with the defamation case against her you may file a private complaint before a judicial magistrate court by producing the certified copies of the petition, affidavit statement, plaint etc containing the said false avements/allegations against you as documents to support your claim. The complaint may be filed u/s 500 IPC. Now Mr. Prabhakar Singh has opined in affirmative about the issue which is reproduced "such a false charge is greatest defamation of a spouse as such a false allegation would render the party falsely charged as "unmarriageable" and would sully the reputation and prestige of such a spouse" I do not understand that why is he giving a negative response about the issue of alleged divorce petition.
prabhakar singh
(Expert) 30 November 2013
Right is T. Kalaiselvan, Advocate!
He is new and would take some time to understand the way i am used to express my answers .
Guest
(Expert) 01 December 2013
Mr.Gopan you could definitely file defamation suit seperately with strong evidences how such a claim of impotency wrongly had spoilt your status and reputations in society and public life.If she seeks excuse by saying already a case is pending in family court you just include her parents or her supporters with evidence in defamation case.
ajay sethi
(Expert) 01 December 2013
repeated query
