• Defamation on petition for divorce without proof

Hello,
My wife recently filed a divorce with totally false allegations on the petition.
She went to the police station 11 times in 20 days complaining about false allegations against me as probably advised by her lawyer so as to build a case against me. 
I have never been called by the police. 
We just finished our second Councelling at the family court with no settlement plus she has put a plea in the court for me to leave my own house totally paid by me but as cameras were ordered to be put by the judge there has been no visits to the police and no violence as she claimed. 
As she has put all false allegations on me and my family with no proof. 
I would like to file a defamation case on her and also wanted advice on her removal from the house now
We have known each other 20years married 18years and now suddenly all these issues to take over the property. 

Kindly advice
Asked 7 years ago in Criminal Law
Religion: Hindu

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16 Answers

Defamation?? Haaaaaaa haaaaaaa haaaaaaa. 

चूतिया, who is giving you lessons in law? Approaching police or courts doesn't amount to defamation 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

See at this stage the defamation case will not succeed once you get acquitted in case any FIR is registered or her complaint is rejected then it would be benifiicial to file defamation case.

Further more see since you can file for eviction though she can take defence of materimonial home so still the divorce is finalised it would be difficult to remove her from house though if she agrees alternate accommodation can be provided.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes you can file suit for damages for all your harassment and reputation as well.
You can file divorce case on the ground of cruelty as her false action amount to cruelty. She can demand maintenance but not property.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Hello, 

  1. You cannot file a case of defamation on basis of false allegations in the petition seeking divorce. The petition odds but a public document and only the concerned parties have access tho it. 
  2. The best you can do is tho disprove the allegations in the court and defeat the petition. This world mean divorce not being granted and her continued stay in the house. 
  3. Of you truly want her out, it would be advisable to agree for divorce by mutual consent

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

1) If she has filed divorce case than she is not entitled to stay in the same house either she has to leave the house or live in the house.

 

2) If want to live in the house than she has to withdraw divorce case from court.

 

3) No you can't file defamation case against her staying under same roof.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

In a DVC Case, the mother and sister can also file counter cases against the daughter in law which will be taken cognizance by the court. 
Alternatively, your mother and sister can also file a discharge petition before the trial court and in 99% of DVC cases, courts will discharge the mother and sister if it can be demonstrated that they are not necessary parties to the case.

Yes your mother and sister can also file defamation case against your wife. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1)since she is your legally wedded wife you cannot remove her from matrimonial home 

 

2) she has rights to stay in her matrimonial home 

 

3) you can issue her defamation notice for maligning your reputation and ask her to withdraw allegations and tender an unconditional apology 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See once her case.gets rejected you can pursue a defamation case as of now it is subjudice.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

 

you can issue defamation notice and later file complaint under section 500 of IPC if wife fails to withdraw false allegations made against you and family members 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hello, 

1)  Allegations until substantiated with adequate proof in the court are bound to perish in the court. As stated above though they are baseless and unfounded on truth we do not have a provision to file for defamation under circumstances. 

2) However, if she is bragging about these things and other people come to learn about them, you have a fit case fir defamation. 

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

A criminal complaint should be lodge d by you under section 500 of the IPC as has defamed you and the family by putting you in bad light. The magistrate shall proceed accordingly and issue summons.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can file same after the said divorce petition is disposed off by family court. Bring all the false facts in cross examination before the court

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

  1. As per the information mentioned in the present query, makes it clear that your wife has been filing all false and fabricated cases in you and your family members who may do not have any interference in your married life.
  2. The acts of your wife are extremely defaming for all those other than you as wife may file cases against the husband, but should not harass those which have no interest or interference in her married life.
  3. Yes, you should file a criminal defamation case on her, statin as to whothout any strong proof she has been defaming all others wothtlut any fault at their end.
  4. And if police doesn’t listen to those then file complaint case before the concerned Magistrate under section 156 (3) of the Cr. P. C.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear Sir,

You can file counter in the said case with sufficient evidence asking the court to direct your wife to delete such rubbish allegations.  if such a order is passed then you can file defamation against her.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

On whose name is the property registered, on your name or her name?

If the registered sale deed is on your name, she has no rights in the proeprty and she cannot seek to vacate you from the property.

Since the divorce cae is going on you can concentrate on the divorce case properly.

If at all there is any criminal complaint registered you may challenge the same on merits in the trial proceedings.

You may not be able to proceed agaisnt her with a defamation case just on the basis of her false complaint, you may have to prove it to be false for filing defamation case.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You may not be able to file defamation case until you prove her allegations are false.

Hence you just watch the developments and wait for the chance to defend your interest in appropriate forum.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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