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Rajagopal.D (Student)     15 November 2010

Adultery

In a divorce petition filed by the husband under sn 13 and 26 of Hindu Marriage act against his wife with the co-respondent as adulteror. It is 101% true that the alligation is false and untrue. Can the co-respondent move a petition on defamation now. The divorce case is filed just now only. If so what is the procedure to file the case on defamation.



Learning

 1 Replies

Tajobsindia (Senior Partner )     15 November 2010

@ Author

1.
A defamation case will stand on its strength if the trial Courts findings in recently filed divorce suit hint of your side proving and winning on merits and or on evidences whichever the course it takes all in the days to come not now!


2. Filing defamation just after their side filing divorce suit will not sustain on merits and your sides aces will be out prematurely.


3. Advised to wait till evidence / cross stage are over in their side’s filed divorce suit.


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