• Defamation case and domestic violence against husband

Sir,my husband to whom I am married for seven years and have two kids together is defaming Mr since marriage by spreading cooked up stories about me to his colleagues and their wives.He has been running my identity every apartment we lived in by not letting my parents come to us.
Today I am in a situation that he provokes me for fights everyday and makes my videos.His office manager who is also staying next to our apartment who is also a president of our gated community have been using those videos to defame me.His manager acts smart by ignoring my allegations along with his wife.This has disrupted my living and my kids atmosphere in the apartment we are staying.He ran away from home having tried to kidnap my kids with the help of community Watchman and his manager.
In fact he has also tried to threaten my life when I was asleep by inducing some poison before he fled from home.
His parents have provoked him to pick.fights with me and make as many videos as possible.
They ask me to make enough videos from my end too.

Please suggest me if I can file domestic violence and defamation case against him as he has been spoiling my identity in the society.


Thanks
Asked 6 years ago in Family Law
Religion: Hindu

9 answers received in 1 day.

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12 Answers

you can file a police complaint about causing mental harassment, defame, cruelty, beating, abuse etc against your husband and also add the name of office manager in the complaint

you can also claim maintenance from your husband

take services of one prominent lawyer

more facts will attract more suggestion

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

File DV case against husband seek protection order ,right to stay in matrimonial home , maintenance, compensation for mental torture undergone by you 

 

contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

Court would award you maintenance for your self and kids 

 

mention that  you were forced to leave job by husband 

 

no need to agree for divorce by mutual consent 

 

contested divorce proceedings take 5 years to be disposed of 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

1. If you have no income to support yourself and the children then you are entitled to maintenance @ 1/4th of his income. The previous payment of 10 lakh is of no use.

2. It is not clear why your husband is acting in such a weird manner. Talk to him in private and try to know reasons behind his actions. If it is something out of emotional disturbance then you alone can cure this by love and affection.

3. Lodge a complaint with Police if there is serious threat behind kidnapping of your children.

4. Lodge complaint against his manager and your husband if no peaceful overtures from your end is responded positively by your husband.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

 

Defamation in India is both a civil and a criminal offence. In Civil Law, defamation falls under the Law of Torts, which imposes punishment in the form of damages awarded to the claimant (person filing the claim).

Under Criminal Law, Defamation is bailable, non-congnizable and compoundable offence. Therefore, the police cannot start investigation of defamation without a warrant from a magistrate (an FIR cannot be filed).

Hence you can file a case under section 499 of IPC, and the punishment of defamation is under section 500 of IPC which  states imprisonment extend to two years or with fine, or with both. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

file maintenance petition on behalf of you and kids and also file a police complaint about causing mental harassment, defame, cruelty, beating, abuse etc against your husband and also add the name of office manager in the complaint

also go for Domestic Violence case against husband/inlaws including his sister.

avail services of one prominent lawyer for a stronger/quicker action and for the drafting of complaint/case

“amount of MAINTENANCE/ALIMONY depend on various factors such as Living Standard, Financial Status, Properties held, assets, responsibilities, expenses on marriage, etc."

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1. To prove defamation you will have to bring to court as witnesses some of the persons to whom your husband made defamatory imputations. Unless you are able to do this you cannot prove the cause of action for defamation.

2. You are free though to file a DV case to seek protection order, maintenance for yourself and kids and also alternate accommodation at his expense. 

3. In mutual consent divorce the court will accept any amount of permanent alimony agreed between parties.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Yes you can file domestic voilence in this scenario against him. You can also file maintenance application in the domestic voilence case if you need. You can also file divorce and maintenance Petition in family court too

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Dear Madam,

There are several enactments in favor of married women.  You must show heat of the litigation to your husband and  in laws otherwise you cannot sustain in such unbearable atmosphere.  You can file Domestic Violence case.  The proforma prayer of Domestic Violence case is as follow:

PRAYER

                HENCE THE APPLICANT HUMBLY PRAYS

  1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
  2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
  3. Pass orders u/s 18, in totality against Respondent1 to 3,
  4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
  5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
  6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
  7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
  8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

You can lodge criminal complaints against your husband and also that manager for all their crimes or offences agaisnt you.

For defamation you should gather information that their messages have spoiled your name reputation in the society and you should be able to produce the same before court with substantial evidences.

You can initiate proper legal action through court as well as through police for relief and remedy.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

You can mention before court that he paid the said amount as a compensation for quitting your job and it cannot be considered as maintenance amount.

 

You can file a domestic violence case agaisnt him and his close relatives for troubling and torturing you so far.

You can claim residence, protection, maintenance and also compensation for the tortures and ill-treatment they meted out to you.

Besides you may file a petition under section 125 cr.p.c. seeking maintenance for you and your children

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been subjected to domestic violence as well as have been deprived by a dignified life that a husband must give to his wife.
  2. Yes, you should file a DV case against him as this would give you the protection in the same house and also maintenance for children and you even if you are working then also he would have to bear the expenses of the children expenses.
  3. And please do no go for the Mutual Divorce, in fact ask him to file on any ground he wishes to and you would contest the same.
  4. And you should file a defamation case against both of them, but would advice you to have some evidences in your favour so that you can put your case more strongly before the court of law.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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