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Sunil Kumar (IT)     20 March 2017

Legally divorced.. but still ex wife filed another case

Hello experts,

My wife (now ex) filed divorce case by asking 10 lakhs alimony and 10 marriage expenses.. I contested the case for 2.5 years..  Finally divorced was allowed by court..  And also court ordered no alimony and no maintenance.. I was happy on hearing the judgement..  

Now the problem starts.. During the final stages of divorce case, she filed another case in civil court asking for 10 lakhs damages.. The reason for this case is..  That I have defamed her in front of her relatives and spoiled her reputation.. All these allegations are  false.. She sensed that she is not going to get any alimony during the final stages of the divorce case and filed defamation on me in civil court.. 

Dear experts, please tell me how the court is going to handle this defamation case..



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 8 Replies


(Guest)

Defamation case will be looked into and decided upon based on merits of the case.  Same like what happened with your divorce and maintenance case.

 

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1 Like

Sachin (N.A)     20 March 2017

Originally posted by : Sunil Kumar
Hello experts,

My wife (now ex) filed divorce case by asking 10 lakhs alimony and 10 marriage expenses.. I contested the case for 2.5 years..  Finally divorced was allowed by court..  And also court ordered no alimony and no maintenance.. I was happy on hearing the judgement..  

Now the problem starts.. During the final stages of divorce case, she filed another case in civil court asking for 10 lakhs damages.. The reason for this case is..  That I have defamed her in front of her relatives and spoiled her reputation.. All these allegations are  false.. She sensed that she is not going to get any alimony during the final stages of the divorce case and filed defamation on me in civil court.. 

Dear experts, please tell me how the court is going to handle this defamation case..

 

Don't worry !!

She has to prove defamation and What is the calculation of Rs 10 Lac

1 Like

Sunil Kumar (IT)     20 March 2017

Hello Sachin sir, there is no calculation.. just like that she has written 10 lakhs in petition
1 Like

Dr. Atul [9013898936] (Lawyer, Scholar)     21 March 2017

Congratulations on the clean break. If she couldn't make a penny in matrimonial proceedings, she's not going to make any in defamation ... khisiyani biwi Court ka khamba noche smiley ... must be desparate to make/salvage something out of it ! If her case for defamation is limited to allegations and counter-allegations made in judicial proceedings, try Order 7 Rule 11 CPC to have the Suit dismissed for lack of cause of action against privileged judicial proceedings (though, honestly the probabilties of it happening are low) .If that fails, defend the defamation case and ask for costs of litigation. Not as a rule of evidence or procedure, but the divorce proceedings and their outcome can cause serious prejudice against her in the Court's mind, if presented wisely wink. And if, God forbid, you have to defend it all the way, imagine the fun you can have cross-examining her again.

Dr. Atul [9013898936] (Lawyer, Scholar)     21 March 2017

Originally posted by : Sunil Kumar
Hello Sachin sir, there is no calculation.. just like that she has written 10 lakhs in petition

 

Has she paid Court fee on that amount?

1 Like

Sunil Kumar (IT)     21 March 2017

She is crazy... She has paid 68000 as Court fee..

Sunil Kumar (IT)     25 March 2017

Hello experts. In this defamation.. ex wife has dragged by father and mother in the petition.. during the evidence from my side.. do I need to do examination in Chief of my father and mother ? .. do they need to sign the evidence paper.. ?.. do they have to go through cross examination?.. is it ok if I do evidence and cross examination on behalf of them and for myself ?.. advice needed ..

Born Fighter (xxx)     27 March 2017

do not take defamation cases so seriously. There ae plenty filed daily for silly reasons. Hire a good advocate and prolong the process. She needs to have strong evidence to prove defamation.

 

My observation - Those who do not have any fame are the first to file defamation (convert this in hindi and have a good laugh ) 


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