mrgop (Owner) 18 March 2010

Filing defamation case on petition in Family Court

My wife has filed for Annulment in Family Court alleging that i'm impotent and mental patient, which are entirely false allegations. So, how can I file defamation case against her? As far as I know there is a limiting period of one year within which the defamation case should be filed. So, should I file the defamation case now, or wait to get a favourable decree from family court before filing defamation case? If I wait for a decree from family court, will the max. time period forfiling defamation suit lapse?

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4 Replies

S.N.RAJU (PA TO JUDGE) 18 March 2010

First of all you will contest the case and you will approach before Family court and you will file a perition before the court praying to send both parties to medical practioner then only the court will send the parties for medical checkup, as per the medical report the court can decide the matter and false allegations.

(Guest)

1. A defamation case could be filed at any stage of the matrimonial suit.
2. Better to wait till she gives her evidences under Oath.
3. Better be beware that even after acquittal from S. 498a IPC / DP etc. any (ex) husband till date has not been able to prove defamation charges on wife or and her side of family so bottom line use "hosh" and or "josh" accordingly.
Rgds