Filing defamation suit on impotency allegation after divorce petition got dismissed on merit

Guest (Querist) 12 April 2016 This query is : Resolved
Wife had filed for divorce on false impotency and mental cruelty allegations which got dismissed on merit after my medical checkup and trial.

So, can I file defamation suit against her on her false impotency allegation in the dismissed divorce petition? If yes, which on is better ie. civil/criminal?

In general, what are the reliefs the respondent could ask for from the petitioner in court, after getting divorce petition dismissed on merit, for the years lost in the court and defamation in public due to allegation like impotency, mental problems etc.?

If the petitioner go for appeal in high court, should I wait until the appeal got decided to file defamation on impotency allegation even though I have medical board report in my favor?

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R.K Nanda (Expert) 12 April 2016
1.if u want damages for defamation caused then file civil case in court against her.

2. if u want to punish her for causing defamation then file criminal case in court.

Guest (Querist) 12 April 2016
Thanks sir,

Can I file defamation suit before the appeal in high court on family court decree is decided?

Devajyoti Barman (Expert) 12 April 2016
Do note that no case of defamation lies on the basis of pleading even if the same is false.
Defamation lies only on incidents which happened in dependent of the pleading of the case.

P. Venu (Expert) 13 April 2016
I agree. No defamation lies against averments pleaded in judicial proceedings.

Rajendra K Goyal (Expert) 13 April 2016
Agree with expert Devajyoti Barman.

V R SHROFF (Expert) 13 April 2016
YOU HAVE TO PROVE LOSS INCURRED TO YOU .
THAT SHE TOLD OTHER PUBLIC WHO CAUSED YOU DAMAGES.
LEGAL PROCEEDINGS ARE PRIVILEGED, AND YOU CANNOT CLAIM ANY DAMAGES FROM LITIGATIONS . IT DO NOT AMOUNT TO DEFAMATION.
SO FORGET IT.

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