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raman (private)     27 October 2012

Defamation

One relative of mine has been spreading lies about my wife calling her a divorcees which is not a fact. This has caused her a great deal of pain. In fact this lie has been repeated in a family court case we are fighting with the relative.

My wife has gone into depression as she feels most of the relatives now also believe so.

Should we file a criminal suit for defamation?



Learning

 4 Replies

Sudhir Kumar, Advocate (Advocate)     27 October 2012

You can file if you have evidence to prove what you say.

rahul (director)     27 October 2012

if they said in written in court.. then you have proof,, other wise on the basis of verbal.. you cant prove,

or when say in court. you request judge to record  their statement  on SA

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     27 October 2012

Dear Querist, 


Yes. Since the allegation is false and malicious, and levelled to lower your wife into the estimation of society. They can be prosecuted for defamation, in criminal as well as civil actions. In the former you seek punishment in the latter damages. Since the allegation is untrue and there is no justification for making such an insinuation. You can suceed - get witnesses to prove falsity & witnesses from the society deposing that they indeed thought lowly of her when they heard these rumours. 


Good Luck !


Bharat Chugh

Advocate Supreme Court of India

raman (private)     31 October 2012

Thanks for the advice.

Yes they have said so and it is on record in the court.


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