1) nieghbour testimony that she heard your wife screaming is not evidence o hold you guilty under section 504, 506 of IPC
2) you can file defamation case against wife and in laws
3) you can file defamation now
Legal harassment by in-laws - please help and suggest
Respected All, I m married for 2 years now, due to unwillingness of my wife , we are living separately since Jan 2016 ( 1year), Post that I have made several attempts to get my wife back to our home, she did not agree as she is mentally [unknown to me :( ..] not ready to live in a Martial relationship. Further falling in some one's advice & influence on the police authorities and to get big money from me, they have filled a false FIR against me under Dowry harassment, with following sections 498 A, 323,504,506, 307& ¾ DP act. (Without giving any proof at the time of FIR) UPON INVESTIGATION ORDER BY HON’BLE HIGH COURT, I HAVE BEEN FOUND INNOCENCE THE ALLEGATIONS MADE UNDER CRIMINAL SECTIONS 323 & 307 & THE SECTION BEEN REMOVED FROM THE CASE BY POLICE. Further to investigation – investigation officer is quoting my Neighbor’s allegation of harassing my wife under section 506, Neighbor claims to ONLY LISTEN my wife’s screaming & my wife’s sharing of her torture details with his wife. Even though they NEVER SAW ME doing such thing. There was NO physical harm to my wife anytime. I have got 3 questions pertaining to above- 1.) Does a neighbors’ claim of listening in such incident will be taken as evident proofs for section 504, 506? 2.) Can I put any Harassment (or) criminal (or) Defamation case against my in-laws as, they have harassed me & my family by putting me in sections of 307, 313, 3.) If, I can put a case, can I do it AT THIS POINT, without waiting for further proceeding of case filed on me.(I have not filed any divorce petition till now) (OR) else I have to wait till divorce? Thank you in advance, your help is very appreciable.
Asked 7 years ago in Family Law
Religion: Hindu
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7 Answers
1. Yes the evidence of neighbours will be considered .However mere scream of not enough to convict you. They will have to give testimony of what they had seen.
2. Defamation case lies if they have publicly defamed you. Merely because they have filed case against you doe snot authorise you to file such cases.
3. As I said earlier only the on the basis of their case you can not file any defamation case.
Dear sirs, thank you for valuable inputs, just 2 queries, As the offences of 313 was removed because of my wife's signatures on document of hospital during her abortion. 307 , was removed by obtaining a CCTV video file from RPF, railway station to prove me innocent. Because of above two allegations, I have been removed from job. Does above doesn't give me to file defamention suit? Secondly neighbours never saw, but if they do the testimony that they saw it, then how we can proof that they are wrong, as it is just a person's words, not a proof? Please suggest on above two. Thanking you in advance
Asked 7 years ago
1) since wife has sought to malign your reputation ny making false allegations against you case of defamation is made out
2) as far as neighbour testimony is concerned your have to cross examine them to prove that they were not present at time of incident but merely heard some screams
These are not at all grounds to file defamation suit.
1.) Does a neighbors’ claim of listening in such incident will be taken as evident proofs for section 504, 506?
Neighbors' evidences are just hearsay and not an eye witness to the alleged incidents. There statement before police can be nullified during cross examination by extracting the facts from their mouth that they have not seen anything and were just asked by police to support her views.
2.) Can I put any Harassment (or) criminal (or) Defamation case against my in-laws as, they have harassed me & my family by putting me in sections of 307, 313,
You should remember that the police only have registered the case and not they, hence it can be a malicious prosecution but all other related charged have to dismissed for taking any action on this FIR.
3.) If, I can put a case, can I do it AT THIS POINT, without waiting for further proceeding of case filed on me.(I have not filed any divorce petition till now) (OR) else I have to wait till divorce?
You can wait for the disposal of the current case against you for initiating any action on this.
If you have been removed from the job by your employer, you have to fight it out separately, do not mix that with this.
Your employer should have followed the law or take legal opinion before terminating your services, you can approach labor court seeking justice, remedy and relief on this unjustified action by the employer.
Secondly neighbours never saw, but if they do the testimony that they saw it, then how we can proof that they are wrong, as it is just a person's words, not a proof?
Your lawyer should skilfully should extract the truth that they did not see any such incident nor were aware of any dispute during cross examination.
You should engage a prudent and skilfull lawyer for this task.
1. You have the cause of action to file a suit for damages on account of malicious prosecution set in motion against you, apart from filing a criminal complaint for defamation.
2. The testimony of any witness who testifies against you can be impeached only in cross examination. If his testimony cannot be impeached then it will be held as proved.
