Null*void - exparty

Guest (Querist) 28 December 2011 This query is : Resolved
My husband has applied for Null&void under the grounds - We have forced him to marry me. which is not true. I have all the record proofs, marriag regtr certificate, reception conductd by them etc etc,
In the first hearning the petitioner (himself) didnt appear. And for 2nd hearning also he didnt appear. I think next time also he wont appear.
Now can i raise defamation case for it? To make me roam around the court and for mentally tortured me to state the rgisrd n

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prabhakar singh (Expert) 28 December 2011
No you can not raise defamation case for it but can pray the court to dismiss his petition for his will neglect in attending court.

Guest (Querist) 28 December 2011
after dismissing it can i raise for defamation?

Nadeem Qureshi (Expert) 28 December 2011
Dear Querist
no, you can not file any defemation case in this regards.
if the court desmiss his petition on merit then you can file the defemation/malicious prosecution case against him.
feel free to call

Deepak Nair (Expert) 28 December 2011
No, you cannot prosecute him for defamation in the present case. Mental and physical agony are not the grounds for defamation.
The definition of defamation in IPC does not apply to this case.

Devajyoti Barman (Expert) 28 December 2011
Statements in pleading is not amount to defamation.
You better pray for dismissal of the same.
Thereafter you may however file a case for damages for malicious prosecution.

Guest (Querist) 28 December 2011
wats that damages for malicious pros?
wat section is that? can i claim amount for this case under that section?

prabhakar singh (Expert) 28 December 2011
Indeed!It is not any criminal case too.No defamation case lies of any kind what so ever.You can move an application for interim maintenance and legal expenses of this case.In addition you can file 125 Cr.p.c case for maintenance and also proceedings for shared house under DV Act.

Deepak Nair (Expert) 28 December 2011
Rightly advised by Prabhakar Sir

Sudhir Kumar, Advocate (Expert) 28 December 2011
Fior defamation case the allegation must prove false in court.

Shonee Kapoor (Expert) 01 January 2012
Righty stated by Prabhakar Sir.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

V R SHROFF (Expert) 02 January 2012
DEFAMATION CASES ARE USELESS.
NO CHANCE TO PROVE & GET ANYTHING.

Collect data of Defamation cases, and compensation/ punishment
you will realize this fact.
So all readers, remove from your mind for filing defamation cases

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