Is it a good idea to file defamation case against wife side ppl?
Naresh
(Querist) 15 April 2012
This query is : Resolved
Dear Respectable members,
Please advice me, whether it will be a good idea to file defamation case against wife side or not in the following circumstances?
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Husband filed a divorce case against wife on cruelty and desertion grounds. Wife in her counter said husband is impotent.
But, in the medical board issued a medical report, in which husband is found to be normal (i.e potent). Due to this allegation,
husband faced and is still facing lot of flake & his image is spoiled in the society. Even after medical report, comes in his favor,
still ppl see him with suspicion and it is very disgraceful experience for him daily. So, he wants to file a defamation case against
wife side ppl, whoever alleged, so that it will be a lesson for them in the future that they wouldn't again indulge in such bad
allegations against anyone.
I am asking you following questions to tell me from your experience and knowledge.
(1) Is it a good idea to file a defamation case. If answer is yes/no why?
(2) Will the judge's show leniency towards girl side people and whatever husband intended to happen, will not happen?
(3) Is there a chance for them to escape punishment?
(4) Will the lawyers simply only exploit me financially, and nothing happens to them?
(5) How long it takes to decide the case (pronounce judgment), even though there is a medical report?
Regards
Naresh
ajay sethi
(Expert) 15 April 2012
no it is not a good idea to file defamation . it may take some years for final decision depending upon pendency of court cases in your areaand you will incur legal expenses .
further to constitute defamtauion it must have lowered your image in the society at large which would be difficult to prove
no doubt your wife has falsely accused you of being impotent . the medical tests are in your favour .
since your wife has made false allegations and your divorce case is pending it would be a good ground for diovrce .it amounts to mental cruelty .
ajay sethi
(Expert) 15 April 2012
AP High Court, Susarala Subramanya Shetty Vs S Padmavati, CMA 3155 of 2002.
CORAM: Hon'ble J Chalameshwar & Gopala Krishna Tamada
Alleging Impotency amounts to immense mental agony and cruelty
2. Rajasthan High Court, Nirmala Manohar Singh Vs Manohar Shivram Jagesha, First Appeal No 589 of 1985
CORAM: Hon'ble Mr. A V Savant
Alleging Impotency amounts to immense mental agony and cruelty
3. Rajasthan High Court, Smt Shanti Devi Vs Raghav Prakash, CMA 19 of 1982
CORAM: Hon'ble Mr. Guman Lal Lodha
Alleging Impotency amounts to immense mental agony and cruelty
ajay sethi
(Expert) 15 April 2012
Woman fined for false allegation about impotent husband
Press Trust of India | Updated: July 27, 2010 14:57 IST
Harda (MP),: A local court has ordered a woman to give Rs. two lakh as compensation to her estranged
husband for alleging that he was impotent.
District and Sessions Judge Jagdish Prasad Parashar asked Vandana Gurjar to compensate her ex-husband Hemant Chhalotre, while delivering his judgement in a defamation case filed by the latter on Monday.
Hemant had argued that Vandana's false allegation had rendered him "unmarriageable" and sullied his prestige.
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The duo had tied the nuptial knot nine years ago but separated three months later, after Vandana returned to her parents home following marital discord.
She also lodged a complaint against her husband and in-laws at a police station in Bhopal alleging that they harassed her for dowry and further claimed that she could not have conjugal bliss with Hemant "as he was impotent".
A police case was registered against Hemant and his parents, but a local court acquitted them of all charges in 2004.
Following this, Vandana filed a petition in a higher court seeking divorce pleading that Hemant was impotent. The court accepted her petition and ordered dissolution of the marriage.
Enraged on the charge of impotence, Hemant filed a defamation case against Vandana on February 10, 2006 seeking compensation.
prabhakar singh
(Expert) 15 April 2012
In my opinion since law affords IMPOTENCY to be a ground of divorce, an allegation made in pleading to that effect,if goes unproved, can not afford a ground of any defamation case.Although it may amount to cruelty affording a ground of divorce to the party against whom it was made.
Considering this aspect of the matter I feel it would be adventurous exercise to waste money, time and energy for no good reason.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 15 April 2012
Calculated offense is best defense.
One is action and reaction which is always counter productive.
Other is RESPONSE TO ACTION is the real thing.
Adv.R.P.Chugh
(Expert) 15 April 2012
Dear Querist,
Would depend on a thread-bare perusal of exact words used. Since as Mr.Prabhakar said since a ground is provided she is entitled to put forward her case, and merely because it is falsified or disproved won't attracted criminal or civil liability for defamation per se.
The question turns on malice in law ?
Was it meant/known to be likely to lower you in the estimation of right thinking members of the society or was there any justification for the same.
You've not specified whether she alleged impotency qua her (quoad hanc) or in general terms (quoad hunc) - in the former
she can't be prosecuted on the basis of a medical report.
Shonee Kapoor
(Expert) 15 April 2012
I differ with other experts.
1. Defamation suit is maintainable. Though nothing much would come out of it. It would give them a taste of their own medicine.
2. With this you have made your intentions clear that you can raise the stakes and fight the cases to their logical conclusion.
3. Remember in most of the cases, 90% of the battle is fought in the minds of the parties.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 15 April 2012
I agree with Shri Ajay Sethi.
It is useless to file defamation. No one get anything except loss of tome, money, mental tension & just a waste of everything.
Now it is husband who filed suit, & wife have her right to defend, She stated in her WS or otherwise,
If husband demanded, the proceeding could be in Camera.
wife did not utter a single word to Society,so who told society??
What loss husband incurred?? How he will prove loss ? Who is responsible for it? Court proceeding was started by Husband and it was outcome of his own action.
Otherwise also, Statement of accused or respondent in court does not attract defamation, being privileged.
A murderer gets acquitted, as not proved, ok, does it mean he can get amt for defamation, or complainant can be punished??
BY ALL MEANS IT IS USELESS EXERCISE, IF U HV LOTS OF TIME AND MONEY, YES , YOU CAN WAIT IN COURT ROOM FROM MORNING TO EVENING FOR YEARS GETTING NOTHING!.
PARTHA P BORBORA
(Expert) 15 April 2012
Filing a false case or allegation or false evidence does not amount to defamation.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 15 April 2012
It is my opinion that legal actions do not go like a math or computer problem but a tactic to brow beat the opponent.
REAL STORY-
1) One Muslim boy married a muslim girl , went abroad since boy had good job. Within one and half years with a baby boy the lady was sent to parents in India.
2) At the same time boy filed RCR at native place and a TALAQNAMA before jamat which could not be finalised since we acted fast.
WE GOT THE RCR TRANSFERED FROM SC FROM BOYS NATIVE PLACE TO THE LADY S PLACE, FILED MAINTAINANCE FOR SUBSTANTIAL SUM AND ISSUED DEFAMATION NOTICE FOR HEFTY DAMAGES.
So now both sides are on table to settle terms of compromise.
Naresh
(Querist) 15 April 2012
Sirs,
Thanks for your responses.
I disagree with prabhakar sir, as impotency is not a ground for divorce u/s 13 of HMA, but it certainly a ground for voidable marriages and if impotency were to be indeed true, she would have certainly taken action by filing for voiding the marriage u/s 12 of HMA, but she alleged impotency as a counter to the husband's divorce petition. Is not the intention not clear that wife simply alleged impotency (but not proved) as a counter-blast only and there is no sincerity here?
What is your take on this?
