• Defamation

matter is in mediation stage mrs 498a has written a letter to my senior college and my brothers senior college by registered post and signed on it.she is defaming me.should i go for defamation ?civil or criminal?
Asked 1 year ago in Family Law from Aligarh, Uttar Pradesh
Religion: Muslim
1) what are the contents of letter ? without knowing contents how can we say whether case of defamation is made out or not . 

2) if wife has filed false section 377/  498A case contest it on merits . obtain anticipatory bail . 80%of 498A cases are false and result in acquittal 

3) you can as counter attack file for divorce
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
1. This is a clear case of defamation and hence you can file both civil and criminal proceeding of defamation.

2. Well, unless and until you get acquitted of the charge in the said case, you can not bring case for damages out of malicious prosecution. For the time being file defamation case.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
Dear Querist
file a civil suit for defamation along with an application for injunction under Order 39 Rule 1 & 2 of CPC before Civil Court and try to get an ex-party injunction order to restrain her to do these type of activities.

you may also claim damages/compensation as per your status.
you may also file a criminal complaint against her before magistrate u/s 200 of Cr.P.C. for the offence of defamation as define u/s 499/500 of IPC

for criminal case u/s 498A/323/314/377 of IPC you may file a quashing petition before High Court Allahabad under section 482 of Cr.P.C.
after getting quashing or acquittal you may file a criminal complaint against her before magistrate.
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
Fight the case on merit as advised above
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
1) issue legal notice to your wife to withdraw defamatory statements made by her and furnish unconditional apology .

2) if she refuses to do so file criminal complaint of defamation against her before local police station .

3) you can also file civil suit for damages
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
Yes, on the basis of the letter you can file defamation case as I advised earlier.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
Hi, you have to file a defamation case before the magistrate court for filling private complaint.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. What is written in that letter?

2. Simply writing a letter to senior colleague of yours and your brother will not attrach charge of defamation. A defamatory statement is required to be published by her,

3. No point trying this angle legally.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
1. Since she is still living, Sec. 314 of IPC can not be charged on any body,

2. Have all the accused availed AB? If not immediately apply for and avail AB,

3. Once AB is received, 80% battle is over,

4. After availing AB, contest the cases fittingly.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
1. Collect all evidence of her threats of committing retaliatory sucide to harass you,

2. Also try to audio record her admission of filing false complaints,

3. Contest the cases filed by her fittingly with all the evidence you have in your possession,

4. Engage a local lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
1. This is a clear cut case of defamation. You may prosecute her for defamation if you wish to.

2. You have to contest on merits all the cases filed by her.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
She will be liable to punishment for defamation only if the court holds her guilty.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
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Contest on merits all the cases filed by her. Her case will not be accepted on the face value.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
1.is there any medical evidence ? 
2. did she said it in complaint ? 
3.did FIR lodge just after sodomy ( sec 377) ? 
if question no 1, 2, & 3 in affirmative then charges will sustained otherwise not
if matter of the letter contains defamatory content  then you can file defamation case but filing of that case you will not get more benefit because it will not mitigate your case. 
try to amicably settle this issue by applying emotional tactics. now a days court became more pro active in offence against the woman. 
your case is on mediation stage so don't involve it in any other litigation.
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0

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