Defamation
5 years ago
I got married recently. Few days back over a small issue my in-laws had a fight with me and took their daughter with them. Then they enquired about my character & some people gave them false information that I have been married previously. Now they are asking for a divorce, which I am ready for, as we find it difficult to bear them anymore. I don't have any child. My question is- 1. As it will be a mutual consent divorce, can they claim for any maintenance? Their daughter is not working. How much they can ask for if I am earning 15-20 Lakhs per annum? 2. Can I file a defamation case against them? How much amount can I demand as they spread false information about me? As they doubted my character & spread wrong things which may become a problem if I want to remarry.
Shreyash Mohta
Responded 5 years ago
1. They can claim maintenance but the amount will be fixed mutually by both the parties as it is mutual consent
2. If the daughter is not working the general rule is to pay but however if both the parties agree to leave and relinquish all their rights they may do the same by reflecting it in their mutual divorce petition.
3. Yes, you can file a case of defamation against them u/s 500 of the IPC [provided that you are able to prove that such statements have affected your repute] the onus of proof lies on you to prove it.
Thanks
Shreyash Mohta
First question.. Mutual divorce will be faster can be finished within 6 to 7 months.
2..Alimony depends.. the Court will decide.Nothing can be said at this stage.
3. If you are right and honest you can file a defamation. No problem.
Shanti Ranjan Behera
Advocate
My answers are as follows:
1. As it will be a mutual consent divorce, can they claim for any maintenance? Their daughter is not working. How much they can ask for if I am earning 15-20 Lakhs per annum?
Ans: Normally without alimony they may not agree for mutual consent divorce. Court always stands as a neutral party as such it is for you to agree for some reasonable amount and see that your wife extend her consent for mutual divorce.
2. Can I file a defamation case against them? How much amount can I demand as they spread false information about me? As they doubted my character & spread wrong things which may become a problem if I want to remarry.
Ans: You can file it both in Civil Court claiming compensation of Rs. 2 Crore and also file defamation case before Magistrate under Section 500 IPC.
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Rameshwar Dadhe
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