Falsely accused in Domestic violence
2 years ago
Hello sir/madam,
I am a doctor and I have been falsely accused by my brother's wife of domestic violence. She has also accused my brother and parents for domestic violence. She has filed a case of domestic violence against us.
Here i would like to know if I can file a defamation case against her as I am a doctor. I frequently visit my native place because of her bad behavior. Can I accuse her of intentional mental and financial harassment against me and my family members?
Please do reply and do the needful.
Thanks.
A.Dear client,
Yes, you can file a counter FIR and file defamation suit under section 399 of IPC. Additionally, if the Court dismisses the domestic violence case, you can file a case for malicious prosecution
Yes, you can file a counter FIR and file defamation suit under section 399 of IPC. Additionally, if the Court dismisses the domestic violence case, you can file a case for malicious prosecution
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A.Dear Sir,
You cannot file defamation case at this stage. First go to the High Court and get your name and your parents names be removed from domestic violence case then get issue a legal notice and file civil and criminal case as follows:
====================================================
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 cannot file defamation case at this stage. First go to the High Court and get your name and your parents names be removed from domestic violence case then get issue a legal notice and file civil and criminal case as follows:
====================================================
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.
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Anonymous
Replied 2 years ago
Thank you sir for your expert opinion.
A.Dear Client,
As per the facts which have been provided, in order to prove your innocence, you must collect evidence in order to justify false allegations against you. You need an alibi and provide your lawyer’s witnesses’ names so he or she has enough information to interview them, in case they can prove your innocence. you can also file a lawsuit against her.
Hope this clarifies your query and requirement.
Thank you.
As per the facts which have been provided, in order to prove your innocence, you must collect evidence in order to justify false allegations against you. You need an alibi and provide your lawyer’s witnesses’ names so he or she has enough information to interview them, in case they can prove your innocence. you can also file a lawsuit against her.
Hope this clarifies your query and requirement.
Thank you.
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Anonymous
Replied 2 years ago
Thanks for the opinion.
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