Defamation after divorce

1.i think sec 509 ipc will be relevant 3.file sec 406 ipc for recovery of sreedhan items 4. No

Yes she can file the defamation suit or complaint before civil or criminal court as you think fit.

In Civil Law,defamation falls under the Law of Torts, which imposes punishment in the form of damages awarded to the claimant (person filing the claim). Under Criminal Law,Defamation is bailable, non-congnizable and compoundable offence.

Yes... defamation suit is maintainable... you will have to first prove that you did not have an abortion, then you will have to prove that he was spreading these rumours - knowingly, intentionally and maliciously... and that these rumours have caused you damages... damage to your reputation, etc. Then, you need to quantify these damages in terms of money. How are you going to do that?  THat equation is not easy to establish.  Will your legal expenses + indirect expenses in terms of time and aggravation be more than what you can get? These are practical issues to be considered. If all you care for, is to prove that you are a virgin or whatever... because of the impotency of your ex-husband, then your physical state will speak for itself for potential suitors/partners/husband or whoever...  Courts in India are very stingy in awarding damages. its almost laughable... You got a divorce... start a new life and move on.  

1. Yes, a suit of defamation as well as a criminal case of defamation is maintainable. Though to stop the nuisance, you can take an injunction against your husband too.

2. No, you can not.

3. Though an application u/s 26 of HMA could have been filed. Any case at this stage for jewellary may not stand. Though you may try.

4. Wife can seek alimony u/s 25. The amendment in Marriage Acts as envisaged under Amendment to Marriage Act, 2010 has not yet been passed hence as of now wife can not seek share in husband's property.

Regards,

Shonee Kapoor

www.shoneekapoor.com

Rightly concluded by Adv.Shonne Kapoor.