Process to file a Defamation Suit Across States Process to file a Defamation Suit Across States

7 months ago

My neighbour (Female) has abused and pushed me to the ground in May'23 and tried to instigate me to either hit her or abuse her but I did not do anything of sort. Within 2 days she approached a Police Station to file a FALSE FIR against me and my family that we physical assaulted and abused her, threatened to kill her and HER KIDS recorded everything over phone. Ofcourse, all those were lies and she wasn't able to produce any evidence so her FIR was not registered BUT in June'23 we approached the nearest police station and got a NCR registered against her as per IPC 323 and 504 because we had all the evidence and CCTV footage of her aggression on me. This incident happened in Gwalior, MP but I live in Delhi.

Now, same female neighbour has put out a news article claiming we threatened and abused her and again repeated all her false claims and named all my family members in the newspaper published in Gwalior, MP.

Can I file a Defamation suit against her and ask for compensation for damaging my image and reputation ? Can I claim for any amount above 50 lakhs or any jail term as well ?

And the biggest question ? Can I file this case in DELHI and not in Gwalior ?

Anik

Responded 7 months ago

View All Answers
A.Dear Client,
Defamation laws can vary significantly from one place to another.

Regarding your situation:

Defamation Suit: You may have grounds to file a defamation suit if someone has made false statements that harm your reputation. Defamation includes both slander (spoken defamation) and libel (written defamation). Since the neighbor published a false news article, it could be considered libel.

Compensation: In a defamation lawsuit, you can typically seek compensation for the harm to your reputation, any financial losses you've suffered as a result of the defamation, and in some cases, punitive damages. The amount you can claim as compensation will depend on various factors, including the extent of the harm caused.

Jurisdiction: In general, defamation cases can be filed in the jurisdiction where the defamatory statement was published or where the defendant resides. In your case, since the publication occurred in Gwalior, MP, you may have a stronger case if you file the suit there.

Criminal Defamation: In India, defamation can be both a civil and a criminal offense. If you believe the neighbor's actions were malicious, you could consider filing a criminal defamation complaint. However, criminal defamation laws are separate from civil defamation laws.

Consult an Attorney: To pursue a defamation case, consult with an attorney who specializes in defamation law in India. They will be able to assess the specific details of your case, advise you on the best course of action, and help you understand the potential outcomes.

Keep in mind that defamation cases can be complex and require strong evidence to establish your claims.
Thank you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconI am an obc category at central level
Dear Client, Yes, you can apply for a caste certificate based on your OBC (Other Backward Class) category status even if you were not issued one by your parents before marriage. Your marital status,...
question iconWater wastage complaint
Dear Client, In the given scenario, simply make a written complaint with video clips about the waste of water negligently and intentionally by your neighbor to the concerned Municipal Authority to fac...
question iconCCTV on common staircase
Dear sir, You may approach High court summary and immediate relief in respect of alleged criminal case. You may also get an order against your neighbor to remove such CCTV which is installed above you...
question iconNeighbour trouble
Dear Client, Experiencing verbal abuse and false accusations from neighbors can be distressing and disruptive to your daily life. It's essential to address this situation calmly and effectively. Fir...
question iconNeighbour trouble
Dear Client, In the prevailing situation and also in the absence of any registered housing society in the housing complex, the following steps may be opted to resolve the matter out of Court - 1) Ther...