• Defamation case against false 498a

My wife n her family had filed a false 498a case against me and my parents. 
Later we applied for mutual divorce and we got mutual divorce decree also. 
Now in this 498a case my wife and her father couldn't prove anything and this case also got closed subsequently. Both the orders are now in my hand. 
As we were honest n never do any wrong to my wife this 498a false case has been a very big blow emotionally to us. 

CAN I NOW FILE A DEMAFATION CASE AGAINST HER AND HER FATHER?
IF YES, ON WHAT GROUNDS OR DOCUMENTS I CAN FILE A CASE?
CAN I FILE A CASE FROM MY RESIDENCE CITY? 
I want to fight this case strongly so that can prove a point that women shouldn't misuse the section 498a

Kindly guide
Asked 7 years ago in Family Law
Religion: Hindu

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11 Answers

No you cannot file a defamation case, but you can file a suit for malicious prosecution and claim real hefty damages

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Hello,

if there is a condition in the mutual consent divorce that none of the parties will file any suit against each other in future then you can not file the same.

If not then you can register a case under Section 211 of the Indian Penal Code for the offence of filing false charges against someone with the intent of causing injury or even under Section 500 for criminal defamation. Obtain the certified copy of FIR and order of acquittal to file the case. 

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

you may file criminal and civil defamation cases as well as claim damages under the pretext of false 498a case which is now been dismissed and ruled in your favour and does amount to malicious prosecution

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Since you have already obtained divorce by mutual consent best option is not to file any further cases on wife and father in law 

 

defamation cases take 10 years to be disposed of 

 

it is not in your interest to file defamation case 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

On the basis of complaint or petition filed in court no case for defamation lies.

However for the reason of false cases which got subsequently dismissed you can file a suit for damages arising out of malicious prosecution.

You can file this case from your present place of stay.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

See since wife file 498a with false allegations a defamation case can be filed against her. Further the order of lower court need to pursued at on what ground you are acquitted. You can file a defamation of ground that false FIR and allegations in society were made upon you which defamed you and effected your reputation.

You need to file the case where either there was cause of action or where she resides as per jurisdiction, 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Defamation case against them is not maintainable.

The court acquitted you as the prosecution failed to prove the case beyond doubt hence falsity in the complaint has not been established.

Moreover it is the state filed the case against you through police and not your wife or her father.

Hence no case against them is maintainable.

You can plan to file a case against police for malicious prosecution.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that though you have been harassed by your wife, but at last you came out to be an innocent by court of law.
  2. Yes, you may file the case for defamation, but there you will have to prove that she has defamed you before public. As law will not catch her just for the reason that she filed criminal case against you.
  3. And along with that you may also file criminal case against her for filing false case against you, if you can can arrange something (message, audio) to prove that she intentionally filed this false case against you and your family members.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1.You can file a police complaimt u/s211 of IPC for lodging false complaint against you for causinfg damage to you knowing very well that the said complaints are false.

 

2. If the police refuse to register FIR based on your said complaint, then send a copy of it to tyhe DC/SP (as the case may be).

 

3. If no FIR is filed even thereafter, file a Writ Petition against police inaction before the High Court praying for a direction upon police to registar FIR, investigate and act as per law based on your said complaint.

 

4. You will be prudent on your part tolodge the  police complaint at the same police station where she had lodged the 498A complaint and file the W.P. before the High Court of your State. 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Yes, You can file the defamation suit. Already it has been proved wrong. But I suggest, since you got what you want, so move on with new life instead of going again legal battle and spoil your mod. Have a great life ahead Gentle man!

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

Dear Sir,

If it is proved that your wife and her parents falsely imposed you have a strong ground for file a defamation case. on other hand defamation is defined as the writing, publication and speaking of a false statement which causes injury to reputation and good name for private interest. Defamation can be viewed criminal as well as civil offence. under Sec- 499 & 500 of Indian Panel Code victim can be filed a criminal case for defamation against the accused. Punishment for the guilty person is simple imprisonment which may extend for 2 years or fine or both. for civil suit you can move High court or subordinate court under Law of tort for damages in the form of monetary compensation.

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.

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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