saikiranreddy (Faculty) 19 February 2015

Defamation

Hi ! False 498A-defamation .

My wife kept a false case of 498A on our entire family in the year 2005 .We are in jail

( Juducial remand only) for few days and came out on bail . We have proofs that we are innocents .

In the year March 2014 we got the final judgement that we are acquittal .

They are going purely by their political behavior and defamation .

What are the strong points that i can mention in the defamation case against them in the civil court ?

Regards

Saikiranreddy

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5 Replies

dr.pawan rajyan (member and secretory) 19 February 2015

You may file civil as well as criminal defamation suit

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 19 February 2015

In order to sue for defamation, you'll need to prove that the statement made against you was public, false, injurious and unprivileged. If you determine this to be true, the next step is to write a complaint, then seek the help of a lawyer to either settle with the defendant or take it to court. Send a legal notice first through lawyer.

T. Kalaiselvan, Advocate (Advocate) 21 February 2015

The grounds for defamation can be drawn out of the disposed 498a case containing false allegations which have been disproved through the judgment. Firstly you may approach the criminal court f law for defamation case, once through in it, you may think of filing defamation suit in civil court claiming damages in terms of money.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 28 February 2015

What was the basis of your acquittal? Was it only lack of admissible evidence or was it proved that the allegations were patently false? Only in the latter case you can file for defamation. In case you were acquitted on the former basis you will now have to prove that they were false