• Defamation Suit under IPC 499 and 500

Dear respected lawyers, 

My wife and I went to Australia on short stay work visa. We both went to VFS office (VFS is the only place designated by Australian government to apply for visa). We both went there together. We both applied on separate applications as the sport where we were volunteering asked us to apply for visa on separate application.

After 1 year my wife left and she wrote a letter to Australian High commission in Delhi and she wrote following in that letter:

"My husband has mentioned the relationship status as single in both of the visa application. He only obtained my sign in some paper and he applied for Visa." (There are many things in the letter like I made domestic violence to her and etc.)

She presented this letter in her evidences in 125 case and DV case.

I have following:
1. Her Visa grant letter where her name mentions as "Mrs." (This proves that she was not mentioned as single.
2. I have obtained my visa application form through FOI (RTI version of Australia) where I have mentioned myself as married.
3. I found the receipt of VFS where it is mentioned that "Paying person: Mrs....."

Can I file criminal and civil defamation suit on her for writing this letter to Australian High Commission. She fabricated this later to show me bad in front of court.

If she found guilty writing this false letter, what would be the punishment?
Asked 4 years ago in Criminal Law
Religion: Hindu

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15 Answers

Dear Client,

Not defamation case but application u/s 340 CrPC in Domestic Violence case for Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) file suit for damages against wife for mailnging your reputation

2) issue legal notice to wife to with draw false and defamatory statement made by her

3) if she refuses file complaint of criminal defamation

4) you can also sue her for perjury if she has made false statement on oath

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

Instead of deformation you can charge under section 196 of IPC using evidence known to be false which is punishable as she gave or fabricated false evidence.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello,

A case of defamation will not lie in this case since the application has been made to an authority, which does not amount to harming your reputation in public.

Although you may file a case against her for perjury i.e., filing false evidence before the court.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Defamation proceedings will not be maintainable as this is not defamation in public though she has given false letter before the authority. It would be better to file a perjury before court by filing an application under 340 CRPC.

Giving false evidence before court is offence under 195 and 196 IPC so she will be liable for such punishment

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Defamation. Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person.

Under common law, to constitute defamation, a claim must generally be false and must have been made to someone other than the person defamed. Some common law jurisdictions also distinguish between spoken defamation, called slander, and defamation in other media such as printed words or images, called libel.

What is defamation? definition and meaning -

Making of false, derogatory statement(s) in private or public about a person's business practices, character, financial status, morals, or reputation. Oral defamation is a slander whereas printed or published defamation is a libel.

You can file case against her fir defamation.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

She will be held any one or both for below punishment

Section 500 in The Indian Penal Code

500. Punishment for defamation.—Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Firslty, yes you can file both the cases as in civil to get compensated and in criminal to get her punished.

Secondly, it is totally being the haracter assassination of yours.

Thirdly, you should file a police complain first then along with a civil suit for defamation.

Fourthly, no one has the right to put anything bad or unpleasant on anyone’s character.

Fifthly, you also file case for forgery for fabrication of the document which may Sen her to the jail also.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You can file for criminal and civil defamation as the concocted statements made by her to the Australian High commission about you were false and we're intended to malign your reputation.

You can also file an application for the offence of perjury against wife under S. 340 CrPC as for

deliberately filing false documents as evidence in court.

Regards.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

You can do the following:

1. Send a legal notice to her stating that she owes you a formal apology;

2. Also seek compensation from her for large amounts of money most probably around 50 Lakhs to 2 crores;

3. Since defamation case is civil as well as criminal, you should also file complaint to the police;

4. Also, collect all oral, written, documentary, recordings as evidences in your favour;

5. Most probably she will come to you to settle the matter (seeing that she has plenty of documents against her favour);

6. You must do so immediately before the period of limitation comes into play.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

You can file complaint of perjury against your wife under section 340 cr pc read with relevant sections of IPC

2) merely because FIR is filed against wife it is not necessary that it would be reported in press

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

you have to give a complaint in concerned local police station as well as its higher ups, on their failure to issue FIR, you have to approach jurisdictional magistrate by filing private complaint with a prayer to refer the matter to concerned police for investigation in ur case.

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

Sir you can directly file an perjury application before the magistrate Court your case is going on with the relevant supporting documents and further FIR in perjury is not necessary it filed directly in court.

Further 499 and 500 not applicable as of defamation as nothing is published it was official conversation.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If her contentions are false and you have evidence to prove that they were false, you cn get her case dismissed on that grounds.

You may not be able to file a defamation case for this reason.

Since this is related to matrimonial dispute, the police may not entertain any complaint in this regard.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

I have decided not to file defamation first. Instead, I have many many documented evidences which proves that she has lied on oath. So, after her cross stage completes, I want to file application in Family court where 125 is running about registering case on her for 340, 181, 193, 196, 499 and 500. Can I ask court in same application to order Police to register FIR on her?

Perjury application can be filed in the same court based on the evidences proved to perjure the case. No police complaint is maintainable on this.

Can all above section run in same court?

- If I only give application of filing 340,181,193, 196, will court ask police to register FIR on those 4 sections? (Not Defamation)

Neither a police criminal complaint would be maintainable nor a defamation case would be maintainable.

For filing perjury case itself you may have to prove that lied on oath before court, for that you may have to prove after she has filed affidavit by producing the document s you rely upon, during her cross examination.

I want an FIR on her, that is my main intention, I want to do it right way and not falsely. Because if FIR is done, it would be in newspaper. I want that

Tha may not happen.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

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