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Amit (NA)     06 December 2011

Is this fit for defamation

We are both Catholic Christians having arranged married registered under Special Marriage Act. Marriage was not consummated due to severe incompatibility. 2 months after marriage wife left the house and filed for dissolution of marriage on the alleged ground of my impotence in the Church Tribunal. I was sent for Medical Test and when reports came showing my potency, she stopped following up the case.
She then filed for nullity of marriage in the court on the same ground. I contested the case and filed counter claim of divorce based on wilful refusal to consummate. After a long legal battle of many years, she finally stopped following up the case and I was granted exparte divorce decree on my favour.

1) Can I file for defamation (as she filed such grave allegations in the church which affected my social standing)? If yes, is there any time period for this from date of judgement?
2) Can I file for compensation and damages as this has caused immense mental torture and reduced my chances of getting a suitable match in the future?

Experts seem to divided in their opinion. Hence seeking advise/experience of other members.



Learning

 3 Replies

Tajobsindia (Senior Partner )     06 December 2011

@ Author

Go over to below already discussed case similar to yours.

Link

https://www.lawyersclubindia.com/forum/Court-fined-a-woman-for-false-impotancy-allegation--22080.asp

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 December 2011

Dear Amit

file an application before the ourt u/s 182 Ipc or 340 of CRpc in this regard


(Guest)

182 Cannot be filed..because she did not make a complain in the police station...for this the section has to be cognizable..

You can file 340 CrPC..

in my opinion, Let her go to hell..dont bother... 

Regards

Gautam


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