Deepak Goyal (Consultant) 16 September 2016

Divorce on defamation

My wife filed divorce against me in HMA 13 1(a) six years ago pending in Family Courts. She has filed her affidavit and closed her witness. Now its my turn to be examined. I fear that she may bring up and create some false photocopies to prove defamation and some handwritten envelopes which I wrote while we were together, to prove defamation by me to get easy divorce. Although she has neither mentioned anything in her affidavit nor exhibited any such document. Can she prove it now, since she has closed her witness. What is the legal position on this aspect.

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3 Replies

Nitish Banka (lawyer) 16 September 2016

For a suit of defamation publication of content is an important aspect. The issue of defamation has no correlation with your divorce case

Warm Regards,

Advocate Nitish Banka

9891549997

Vijay Raj Mahajan (Advocate) 16 September 2016

Once the evidence on her side is complete, she cannot afresh place on record any new document as to prove her case, she may ask you if those documents you gave or sent her, while cross examining you, but that you can always deny these. The documents denied by you will not be exhibited in the court and will not be taken by the judge seriously while considering the evidence of both parties to decided the issues before it.