Defamation

I don't think any of my learned friend has misguided the quests. Be specific, where you find the discrepancies. 

this query come to an intresting point for me , so i am intrupting with my case:

as my case is similar in short wife file 498A in aug 2009, i file for discharge only 498a 3/4 charges frame after many summons and warrant of course NBW she appeared gave statement her  mother came gave statement her father third witness expiered so her death certificate this all finished in june 15 now her one more witness became hostile out of 7 four finished their evidence not SHO, her so called brother[ he is paid witness by her] and one more constable left [ this constable was not on duty he is just home gaurd ] but SHO made him witness his name was in list but not gave any statement since october 15 SHO not appearing every month summon even warrant issued but courts are libral to police [ fear police ] so every time she is making execuse, now last witness he is from wife side and residing in her place 600 KM away form court not receiving summons last time judge said to my lawyer only SHO evidence is important ,

his signature are not there in statements paper........ even dates of statements are different as wife her father and so called borther and present on 25 aug 09 in polics station and wife and her father statements are taken on same day but next witness her so called brother came with her father from 600KM his statements taken on 28 aug 09 all are present but signatures of anyperson are not there on statemets why ? sho not took their singnature.

IS this help me in my case?

Query is : will judge exempt last two witness?

the last witness constable [ homeguard ] { his statements are not there..........}

NOTR:---

we got form RTI his duty is not there in POLICE STATTION on those days i.e. on arresting dates and while they seize my laptop and mobile [ but on paper his signature may be fake made by SHO are there]

1) I agree with Mr. Sudhir here.

2) Defamation case sounds good only in theory. In practice there are very few instances where such cases have a reasonable chance of being maintained and reach a logical conclusion. It does not sound like your case falls in this category.

3) Being a plaintiff in Indian courts is very painful. You have seen how your wife has been pursuing her 498A allegations for many years without any results. It is the most frustrating and painful experience for anybody. Same thing will happen if you go for defamation. Long neverending battle with date after date, lawyers fees and no justice anywhere in sight.

4) Get acquittal order, get rid of this stupid wife and focus on living your life as far away from court as possible. Pray to god that you never see another court date. There are so many other things in life that can bring you joy and happiness. Why you want to go back to court?

get acquitted.  if left with energy and money then think of all these words "perjury" "defamation" etc.

i am young and marriage is broken. on top of it, filed criminal cases etc. etc. My wife has been harrasing us and enjoying every month the fat maintenance amount being deposited by me. just  becuase of marriage happened, i have been tortured thru legal laws imposed against me and my family. i am losing money every month and have lost golden young years.

we have lost name & fame within my friend circle, among relatvies due to cases against us.

tell me when i lost everything already at very young age, why cannot i file cases after acquittal from 498a/DV against wife/her parents and all those who deposed falst things against us?

let them run around the courts, let them travel 1500 KMs to attend courts in my city. i will only attend when i m summoned to depose chief and cross. i want them in jail so that other girs in society should realize before filing false cases agaisnt innocent families.

Originally posted by : Ravi
	i am young and marriage is broken. on top of it, filed criminal cases etc. etc. My wife has been harrasing us and enjoying every month the fat maintenance amount being deposited by me. just  becuase of marriage happened, i have been tortured thru legal laws imposed against me and my family. i am losing money every month and have lost golden young years. we have lost name & fame within my friend circle, among relatvies due to cases against us. tell me when i lost everything already at very young age, why cannot i file cases after acquittal from 498a/DV against wife/her parents and all those who deposed falst things against us? let them run around the courts, let them travel 1500 KMs to attend courts in my city. i will only attend when i m summoned to depose chief and cross. i want them in jail so that other girs in society should realize before filing false cases agaisnt innocent families.

You seem to be not yet acquitted.

you can think of taking action against her in case yu are on acquittal left with any money and anergy to do so.

Concenterate on aquittal.

Originally posted by : Ekta
	I don't think any of my learned friend has misguided the quests. Be specific, where you find the discrepancies.

@ Ekta,

Please explain the section of law where it is written that perjury and defamation can't be filed in prallel during the prosecution of 498a or any other criminal/civil case.  

One should even file further investigation if he finds the plaintiff is false .

Originally posted by : Sudhir Kumar
	all these qeustions can be tackled by someone who has see all documents.   I repeat just understand as long as you are not acquitted just forget if the word 'defamation" exists in dictionary.

This comments is not lawfull. 

This comments is not lawful since no such thing is written in defamation law.

Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.

Example: -

“Z is an honest man; he never stole B’s watch”; in­tending to cause it to be believed that Z did steal B’s watch. This is defamation, unless it fall within one of the exceptions.

Originally posted by : Sudhir Kumar
	get acquitted.  if left with energy and money then think of all these words "perjury" "defamation" etc.

Misguiding comments. 

@rocky,

husband is an innocent man. he never tortured wife. intendending to cause it to be believed that husband did hararass wife. This is defamation. right as per your example?

Originally posted by : 498A fighter
	this query come to an intresting point for me , so i am intrupting with my case: as my case is similar in short wife file 498A in aug 2009, i file for discharge only 498a 3/4 charges frame after many summons and warrant of course NBW she appeared gave statement her  mother came gave statement her father third witness expiered so her death certificate this all finished in june 15 now her one more witness became hostile out of 7 four finished their evidence not SHO, her so called brother[ he is paid witness by her] and one more constable left [ this constable was not on duty he is just home gaurd ] but SHO made him witness his name was in list but not gave any statement since october 15 SHO not appearing every month summon even warrant issued but courts are libral to police [ fear police ] so every time she is making execuse, now last witness he is from wife side and residing in her place 600 KM away form court not receiving summons last time judge said to my lawyer only SHO evidence is important , his signature are not there in statements paper........ even dates of statements are different as wife her father and so called borther and present on 25 aug 09 in polics station and wife and her father statements are taken on same day but next witness her so called brother came with her father from 600KM his statements taken on 28 aug 09 all are present but signatures of anyperson are not there on statemets why ? sho not took their singnature. IS this help me in my case? Query is : will judge exempt last two witness? the last witness constable [ homeguard ] { his statements are not there..........} NOTR:--- we got form RTI his duty is not there in POLICE STATTION on those days i.e. on arresting dates and while they seize my laptop and mobile [ but on paper his signature may be fake made by SHO are there]

Willful prolongation of the trial process.

Please make a timeframe from HC. If still the trial is not disposed of by STATE then file contempt of the court against the STATE. You are free to file perjury also in the same court in parallel. This will strengthen your case.

Please check my profile for more clues. 

Originally posted by : Ravi
	@rocky, husband is an innocent man. he never tortured wife. intendending to cause it to be believed that husband did hararass wife. This is defamation. right as per your example?

"husband did hararass wife" - Yes correct. This is defamation.

@Rocky,

Did my learned friends said one cannot file lawsuits in parallel to 498A?

We suggested not to file cases till he gets acquitted. Filing Lawsuit is not a large affair and no expertise required to file the cases, but the time matters.

Dear Ravi,

I am also in the same boat as you are. I want to say one thing to you and that is please follow your heart. I have already sent defamation notice to my wife and in laws. And also will file defamation after my wife's cross. Remember one thing : by merely filing a case of defamation will not give you any respite but you have wait till the disposal of the case. Untill then your defamation case will get a stay citing reason" it is a subjudice matter". So what I have done is I have taken speedy trial order from HC. The trial will be completed within a year. Now think about my in laws when they know within a year if I am acquitted they are going to face the music. Enjoy.

Ravi,

Please quote  Abdul Rehman Vs K.M. Anees ul Haque  SC judgement by Justice Cyriac Joseph and Justice TS Thakur  regarding applicability of Defamation and ipc 211 while another case is pending. This will clear the mist.