DV CASE - can defamation case be filed DV CASE - can defamation case be filed

1 year ago

can defamation case be filed against daughter in law for filing false DV case

Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,

No, due to prohibitions created by law
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Fifth Exception.—Merits of case decided in Court or conduct of witnesses and others concerned.—It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further.
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Abhimanyu Shandilya

Responded 1 year ago

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A.Dear Client,
These situations are tricky to answer. If the DV case is proved to be true then your defamation case will not stand and also our judicial system does not consider filing a case against someone to be defamatory. But you can give it a try if the DV case turns out to be false.
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