Impotency defamation 499,500 and also 306
3 years ago
I am 32 yr hindu male MBBS MD doctor from maharastra.I got married(1st marriage) in may 2017.Wife and her parents defamed me as impotent during march 2018 to november 2018 and demanded 1cr as alimony n divorce.Wife had an affair with another guy.I found it and got some photos(cant prove as adultery) and forced to file mutual consent divorce and gave 7 tola gold as permanent alimony.It was a typical mutual consent divorce petition i.e.behavioural differences and no mention of any allegations from both sides.Petition filed in nov 2018 got final divorce decree in june 2019.
Impotency defamation was on mass level(i have witnesses),purely slander(orally) ,false,it caused me damage and not under privileged category.
I got married for 2nd time in june 2019 n now 2nd wife is 6 months pregnant.I have not mentioned about my defamation on any govt document till date.
1)What is time limit to file defamation case(civil/criminal)(499,500) ? as offence happened 2.5 yr ago.Can we file it now.
2)can we file on 1st wife as it was typical mutual consent and no mention of any defamation. If no then should we file on her father only? Or create evidences that offence occurred after getting divorce decree? Or tell the court that i got to know about defamation after final divorce?
3)what are the proofs required? I have only witnesses but no call recording etc as they have defamed mouth to mouth.
4)After filing case, if we negotiate meanwhile or lose d case at end, then can opposite party file defamation of false case in both circumstances i.e.negotiate or lose?
5)Can 306(abetment of suicide) be filed without proximate action as they created circumstances to force me 2 suicide but i have not done suicide?
Plz satisfy my queries that we can file case or not so that i can proceed further to consult you personally.
You have to file defamation case seeking condonation of delay if Court felt in his delay and you have a strong case.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
Time limit/limitation period of such claim is 1 year but it can be extended on certain grounds. It is advisable to consult a lawyer.
Sarthak Nayar
Responded 3 years ago
1. There is no time limit for filing of a criminal case. You also have a remedy to file a civil suit for damages for defamation . for filing of civil suit there is limit of 3 years. You should normally send a legal notice before filing of a defamation case.
2. Kindly refer to my introductory para, if there is a clause that no further dispute will be raised then you will have problem.
3. Yes witnesses are admissible. While filing of a defamation case you have to make their statements on an affidavit and after pursuing them court will be summoning the accused person in case of criminal defamation complainant.
4. It depends on the judgement. if in the judgement it is out rightly written that the complaint is malafide and completely false then she has the right to file a complaint for false implication.
5. No abetment of suicide case cannot be filed. However you can raise this point in your defamation complaint.
Pradeep Naik
Responded 3 years ago
2. As your divorce was mutual consent divorce, chances of your getting success in defamation case are very low, even only against you ex father in law. Furthermore proving you case shall be difficult.
3. S. 306 IPC is attracted in cases where suiside has been committed.
NITHYANANDAN SUNDARESAN
Responded 3 years ago
Suneel Moudgil
Responded 3 years ago
2. you can file the case on her father, but, how will to bring the matter within limitation,
do give it a thought
3. witnesses are sufficient,
4. if you lose the case, the other party may claim damages from you
5. 306? after 1.3 years of traditional mutual divorce? sounds not good,
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