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Harsh (Manager)     27 January 2013

Spreading rumors

It is  common that as part of a false 498a, the outlaws spread

false and malicious  rumors.

if a husband plans to publish a disclaimer/notice in newspaper (through

a qualified advocate) - can it have any negative  effect on his 498a  or

divorce?

ideally it should not - as husband cant knock each and every door

and refute their statements.  he can protect his and his family's reputation by appropriate  means.



Learning

 5 Replies


(Guest)

@Querist,

 

1.If you are fabricated in false 498-A cases, first you should get yourself acquitted from such charges. Defamation case can be filed against your in-laws after that.

 

2.If you do get published something against your in-laws through any media before your rebuttal of charges,the barrel of defamation may be opened against you(you all know the biasness of Indian laws in such matters) and this is what you surely want to avoid.

 

3.If you have mere apprehension of being fabricated in 498-A,the best way,I believe,to show your neighbors/distant relatives/in-laws relatives who you are on good terms, the reality happening in your 4 walls.I won't elaborate further on that way.......

 

4.Use Media only to show the generalization of abuse of 498-A provision and it depends upon you how well you tackle  media persons.Don't talk about your case in media specifically.

 

Hope It's enough from my side covering possible answers to your question.

 

you are free to seek experts advice on this matter further.They can guide better.

 

Thanks,

Regards,

Harsh (Manager)     27 January 2013

agree - laws are biased so one would stay away from publishing anything 'against'  in laws or wife.
However a general publication "....general info on 498a misuse...."  then adding "my client has also been implicated in a false dowry case and matter is in court.my client is innocent and the same shall be proven in court with all due examination/evidences etc. please dont pay any heed to any false/malicious rumors, if any, spread by inlaws/anyone"
Something like above does accuse inlaws of spreading rumors/defaming but it can also be

treated as a preemptive action to minimize the impact of such rumors on the husband's repute.

The publication will certainly include the complainant and victim's details (already public info since Chargesheet is filed).

What should certainly be avoided: accusing wife/inlaws of anything wrong other than spreading rumors .

 

awaiting further expert opinions.

Harsh (Manager)     27 January 2013

sorry, some error and my reply got posted multiple times.

Chetan Joshi (Advisory/Advocacy)     28 January 2013

Wait for the acquittal....Then you may have a full fledged media reporting.....

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 January 2013

These gimmicks are to invite you to make some error. Thus remain focussed on the case.

 

 

 

Regards,

 

Shonee Kapoor

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