Judgment and press release
Atish
(Querist) 20 July 2013
This query is : Resolved
Dear All,
Thanks to all again forth support in the past. I request you all not to mind, but this is a repeat as I would like to be extra cautious and confident. Question is as follows:
My ex-Advocate, on behalf of my wife and acting as her lawyer had filed Divorce and CR.Pc 125 for Maintenance against me.
Both the Petitions filed by my wife i.e. Divorce and CR.Pc 125 for Maintainance were dismissed with costs by the Family Court on basis of merit. The Judgment stated –
Vexatious proceedings against the Husband- In the Affirmative
Adultery between my ex-the Advocate who became Advocate for my wife in these petitions – In Affirmative
Pre-planning by them proved
Cruelty to Husband by Wife proved
Character Assassination of Husband proved
After all these points have reflected in the Judgment, and if there is a press release by me regarding the Judgment, then could the Advocate of my Wife and/or my Wife against whom the Judgment has been passed still at this stage file a Defamation Case on me?
My most humble request is to answer in a little detail if possible. I would like to for the reason that in the last four years they have tried their level best to destroy my name and image in the market and had nearly destroyed my Family life which includes my 2 sons who reside with me and my old mother who they also degraded falsely. These four years have been very torturous and you all can understand what my entire Family must have gone through.
Regards
Atish
Atish
(Querist) 21 July 2013
Dear Respected Mr. Sudhir Kumar,
Yes Sir, I had mentioned above that it was a repeated but required little clearer clarification
I just would like to know that after the Judgment in Family Court which has been passed mentioning Adultery and other reasons mentioned above and if I allow a Press Release regarding the same, could they file Defamation charges against me for releasing the contents of the Judgment in the newspapers?
Regards
Atish.
prabhakar singh
(Expert) 21 July 2013
'TRUTH' is the greatest defence to a charge of DEFAMATION.
PUBLISHING THE CONTENTS OF A JUDGEMENT PRONOUNCED IN OPEN COURT IS A 'TRUTH'.
THEY SHALL SUE YOU OR CHARGE U/S 501 IPC OR NOT AFTER PUBLICATION IS NOT KNOWN TO ME.
BUT 'TRUTH' WOULD BE YOUR DEFENSE.
Atish
(Querist) 22 July 2013
Dear Respected Mr. Prabhakar Singh,
I thank you for your dedicated efforts and answer to my query.
Regards
Atish
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 July 2013
1) Over confidence kills the intellect.
2) Family court is not final word, more over she is still your legally wedded wife and she has many rights such as under DV act far shared residence.
Read recent SC Judgment in Gupta case for divorce matters.
3) New law is also coming for share in all your properties.
3) No body will file defamation in such cases since it will give you publicity.
And adultery by woman is not news but by man is a good news.
Advocate Ravinder
(Expert) 25 August 2013
I agree with both prabakar singh and advocate defence.
To my knowledge, matrimonial matters cannot be published as they are sentimental, sensitive and personal and can damage the reputation of the family.
If you are not happy with marital life, then settle the amicable by mutual consent divorce ,if it fails then file divorce petn.
