• Defamation of my mother by my mother-in-law

Hi,
I am a 31 yrs old married woman with single child.I aborted my second child by my will, it was solely my decision. Now my mother-in-law has told one of my mother's relatives (person A) that because my mother can't take care of me after delivery, she (mother) took me to hospital and got it aborted. Which is totally false. we got to know this from another relative (person B). After enquiring both my mother- in-law and person A about this , none of them are agreeing. 
Now i want to know if I can put a defamation case? against both? Because we dont know if my mother-in-law said so or if it is person A. 
My abortion was known to only my mother, mother-in-law and father-in-law. There is no other source of knowing about my abortion to person A.
Asked 4 years ago in Family Law
Religion: Hindu

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11 Answers

you cannot, it will not come under the purview of defamation. If you take anything seriously and file complaint then it would turn against you ad boomerang. Let the issue to decide by elders of the family members..

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Hello,

No you cannot as the word has to be written or publish somewhere .

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Mam this is not that big dispute I know this can cause you mental stress and unrest but since there is no evidence to the effect that how the person got to know the fact, further this will effect you life there is no meaning inn filing a suit as there is no concrete evidence or proof to damage of reputation.

Then also you can file an private complaint directly with the magistrate under section 499 ipc for defamation against the said person for making defamatory remarks on you and file a suit for claiming damages caused due to defamation.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Do not file defamation case

2) case would take 10 years to be disposed of

3) it would further ruin your relationship with husband and mother in law

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

If you are unable to prove the defamation then it will not be a good idea to file a case for defamation under section 500 IPC

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello

In your case the person A said something offensive about you which you came to know from B.

B is now denying this fact.

The defamation case can only be filed against A if B is a witness. He is In denial.

Moreover defamation only occurs when some thing is stated publicly and the public comes to know of something which is false and your public image is maligned and therefore you are aggrieved.

Here offensive statements were made against you but not in public and moreover somebody told you that this was said.maybe he is telling lies.

Regards

Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

1. No defamation charge will stand against anybody as stated by you s per law.

2. In absence of any evidence, one can not file a presumptive suit. Moreover, there is no defamation caused to any body by anybody.

3. In case your suit is proved to be false, the other side can lodge/file a police complaint/suit against you for lodging/filing false complaint/case for causing damage to her. If the said charge is proved, you can be punished even with jail term.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Dear Madam

The Indian courts allows to put any case on anybody especially defamation cases claiming damages. In lower courts there is no stage like that of admission stage so any case file will be received by the lower court and summons will be issued to the other side. However to make your case you must have some concrete or believable evidence either documentary, electronic or by way of affidavit etc.

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1) Defamation cases are of two types, criminal and civil.

2) In Civil defamation, a mala fide intention to defame is not always necessary. If defamation is caused, thenbsuit lies. Court fees are required to be paid as per value of damages caused to reputation.

3) Criminal defamation must, in addition, contain some deliberate malice or malafide intention, to cause damage to reputation of someone.

Here, court fees are NOT required at The level of a civil case.

At the end of case, court punishes offender if defamation is proved.

3) In civil defamation case, at end of case, court awards damages to compensate loss to reputation if defamation is proved.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Defamation case can be filed if your reputation is ruined in public and you have evidences to show how it's ruined and by whom.

Otherwise you can file mental harassment suit against your relatives but here also you will need evidences.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

There is no ingredient for filing a defamation case in this.

You may ignore this incident by not making it a big issue.

No case for defamation would be maintainable, you will be wasting time, energy and money for the untenable case.

You may warn those unscrupulous people of legal consequences if they interfere in your personal affairs in future and forget this issue.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

1. In a defamation case you have to prove two things-firstly that the imputation complained of was defamatory in nature i.e it lowered your estimation in the eyes of others, secondly the publication of defamation has to be proved i.e the imputation was read or heard by a third party.

2. If you can prove the publication of defamatory imputation through an independent witness then you may sue your mother for damages through a civil suit and also file a criminal defamation complaint.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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