Defamation post 498a aquital

There is no wrong to file defamation case.

Dear Sunil

You have right to file not only a defemation suit but also a case for false/malicious prosecution against her and all the witnesses if you want 

feel free to call

I agree with Mr. Qureshi

Hi Sunil,

 

Could you please file timeline for your 498A ?? How long it took to reach to acquittal ?

Defamation suit is definitely going to adversely affectRCR case.However it may give you some satisfaction of revenge at the cost of some additional pain to yourself in form of further litigation. By this time you should have become extremely clear whether you want to win or withdraw RCR Pl. go through Shoneeji's thread on it if you haven't already. regards Ashok

@all................thanx for the replies.

@ never give up........2 yrs the trail ended and verdict out.

@ ashok srivastava...........kindly please enlighten how my brother's RCR is going to effect if I (as beother in law) proceed with defamation. My brother may still want his wife back...........my sis-in-law had alleged against my dead father.....this hurt me a lot. Your advise awaited.

 

Thanks all again.

Never think to bring back 498a lady otherwise your further life will become hell once again. RCR is now of no use so u can withdraw it.

 

My bro and mom are aquited by trail in 498a and

For Proving defamation they have to prove that :-

 

(i) they made allegation

(ii) they made before someone else (court)

(iii) you lost reputation due to allegation. (the applicant in defamation case)

(iv) the allegation was about you (the applicant in defamation case)

(v) allegation was false.

 

Point No (i) to (v) were available to you from beginning.  But it is only now you have got the point No (v). The material is complete now you can move.

When action is brought against thos e who make false allegation then the misuse of these laws may be checked and only genuine complainants will be there. 

 

Present scenerio of false allegations is defeating the purpose of these laws.

For Proving defamation thye ave to prove that :-

 

(i) they made allegation

(ii) they made before someonse else (court)

(iii) you lost reputation due to allegation. (the applicant in demation case)

(iv) the allegation was about you (the applicant in demation case)

(v) allegation was false.

 

Point No (i) to (v) were availabnle to you from beginning.  But it is only now you have got the point No (v). The material is complate now you can move.

Defamation cases can be filed no surity of result  but you can surely make them to dance before legal system.

 

Taking action for filing false cases as suggested above is peanuts and not worth the paper.

 

Even a properly worded notice  for defamation brings shivers on recipents. But it is not a child s job and certainly nor for an upcoming advocate who have no experience for similar work.

 

But there is other side of the story also that it is expensive and you will also be tied to the system.

Husband want wife to come back even after criminal case against whole family. Not logical.

Brother of husband wants to sue the woman for defamation, while husband wants the wife back. Not logical.

Acquittal on basis of shoddy police work, yet you hope to win the defamation suit. Not logical.

It is a dead marriage. Your family should move on as soon as you can from this cruel woman.

 

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@ Manish Udar...........thanx for ur advise.... the moment you enter the arena of police and courts logic stops working its only money and patience......... marriage is dead but child custody is alive.............. moving on life means to let go public hurt and disgrace to my dead father..........well can't understand the logic.

If you know the marriage is dead then why don't you ask your brother to withdraw the RCR? Your brother cannot even file counter suits due to this RCR. Either decide to fight like hell, or try to beg a cruel and viallainous woman for forgiveness. Don't try to walk in opposite directions simultaneously.