Criminal defamation against wife
2 years ago
I have won the case of null and void marriage by fraud. In the family court counter petition wife was alleged me with false evidence and false dowry statements , also she has written me as mentally sick and other abusive words and also with false affidavit, she would not prove in the family court.
Is there any way that I can file criminal defamation ? I dont have any publication , can the counter affidavit petition can be considered for criminal defamation. ?
A.Dear Sir,
You can take both the following actions against her.
1) Defamation cases are of two types, criminal and civil.
2) In Civil defamation, a mala fide intention to defame is not always necessary. If defamation is caused, thenbsuit lies. Court fees are required to be paid as per value of damages caused to reputation.
3) Criminal defamation must, in addition, contain some deliberate malice or malafide intention, to cause damage to reputation of someone.
Here, court fees are NOT required at The level of a civil case.
At the end of case, court punishes offender if defamation is proved.
3) In civil defamation case, at end of case, court awards damages to compensate loss to reputation if defamation is proved.
You can take both the following actions against her.
1) Defamation cases are of two types, criminal and civil.
2) In Civil defamation, a mala fide intention to defame is not always necessary. If defamation is caused, thenbsuit lies. Court fees are required to be paid as per value of damages caused to reputation.
3) Criminal defamation must, in addition, contain some deliberate malice or malafide intention, to cause damage to reputation of someone.
Here, court fees are NOT required at The level of a civil case.
At the end of case, court punishes offender if defamation is proved.
3) In civil defamation case, at end of case, court awards damages to compensate loss to reputation if defamation is proved.
Helpful
Helpful
Share
A.Dear Client,
You can file criminal defamation against wife and you need not worry about publications as pleadings and depositions made in courts amount to publication. If your allegations are found true she can be convicted under section 500 of the IPC.
Thank you
You can file criminal defamation against wife and you need not worry about publications as pleadings and depositions made in courts amount to publication. If your allegations are found true she can be convicted under section 500 of the IPC.
Thank you
Helpful
Helpful
Share
Read Related Answers
Mental Abuse and Harassment by Mother in law
Dear Client,
Such kind of inhuman ill-treatment and emotional harassment by a mother-in-law towards her daughter-in-law deserves stringent action and strong protest by filing a complaint under Sec.12...
Marriage and police related problem
Dear Client,
The Police do not have any authority to interfere or relinquish the marriage of two consenting individuals who have attained majority. In case of false allegations and misuse of power by...
Staying at husband house after court ordered monthly maintenance
Dear Client,
In November 2020, the Supreme Court of India ruled that deserted wives and their children are entitled to alimony/maintenance from their husbands from the date they apply for it in court....
Husband and wife problem
Dear Client,
In case of marital issues, you can approach a family counselor to resolve the matter and seek appropriate assistance.
Hope it helps.
Thank you.
Sapinda relationship
Dear Client,
Under the Hindu Marriage act marrying within your pinda ie Sa- Pinda is prohibited under the sec 5 of the Hindu Marriage Act for the reason that the biological offspring would be genetic...
Read Blogs on Family
Family Lawyers
Find Lawyers by Location
