Is this valid u/s 499, 500 IPC Defamation ? Is this valid u/s 499, 500 IPC Defamation ?

2 years ago

My best friend's husband has sought for divorce, however he alleges in his written petition that my friend is having an affair with me, and that she has done adultery with me, and lot of other false statements. So can I sue her husband u/s 499, 500 for alleging my name into this, as it may impact my life, I'm soon getting married, and my fiancé will have issues with this.

Anik

Responded 2 years ago

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A.Dear Client
You may proceed to the police station and file a complaints against such person or you may also proceed to court and file a case against him. Make sure you have valid proofs or witness.
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Abhimanyu Shandilya

Responded 2 years ago

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A.Dear Client
Defamation in legal parlance is a tricky thing involving some technicality to make it stand as a legal case. When we say defamation there are two important elements apart from others and they are;
1. What is said or written should be false
2. What is published should be made public for wherein the general public comes to know about it.

Now when a case is filed and of someone wants to initiate a defamation case on the bais of documents filed in the case then the above two elements have to be established. Matrimonial cases being private in nature I will leave it to the judge/court to allow it as defamation case. Hence you can take chance by filing a defamation case but you will have to wait till the end of the divorce case wherein it will be disproven that there was any adultery.
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