• Dafamation case

1. My son filed divorce case in delhi in april 2015
2. my daughter in law filed dowry case u/s 498a, 406, 120B - 125 CRP & DV Act in Punjab
3. Bail was granted by High Court, Chandigarh
4. in 125 Judge fixed maintenance Rs. 6000/- 
5 on 6.8.2019 in DV case judgement passed by judge " IN VIEW OF THE STATEMENT SUFFERED BY LD. COUNSEL FOR PETITIONER THE PRESENT PETITION STAND DISMISSED AS WITHDRAWN QUA RESPONDENTS NO 2 TO 4 (i.e my self, my 
wife & my daughter)
6. Dowry case is under trail and divorce case is on final stage
7. now I want to know that being a senior citizen we can file any case against the DV case judgment

regasrds

yashpal
Asked 1 year ago in Family Law
Religion: Hindu

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13 Answers

You can file defamation case for false allegations in civil court as well as criminal court. Defamation is both a civil wrong and criminal offence. In civil case you can claim appropriate amount of compensation for loss and damages. 

In criminal case court will punish as per provisions of IPC. 

Kallol Majumdar
Advocate, Kolkata
2683 Answers
4 Consultations

5.0 on 5.0

1) your daughter in law has withdrawn case filed against you 

 

2) no need to file any case against the judgment in DV case 

Ajay Sethi
Advocate, Mumbai
78799 Answers
4735 Consultations

5.0 on 5.0

No, this is not a matter of Defamation which is by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person

Yogendra Singh Rajawat
Advocate, Jaipur
21317 Answers
31 Consultations

4.4 on 5.0

See in your fact and circumstances defamation as such is not maintainable .

Shubham Jhajharia
Advocate, Ahmedabad
25487 Answers
111 Consultations

5.0 on 5.0

As per senior citizen act., defamation and mental harassment for filing false cases against you and taking time of judicial system as well.

Ganesh Kadam
Advocate, Pune
11541 Answers
107 Consultations

4.9 on 5.0

 

Sir, you need to clarify number 5, number 7

 

As far as mother of husband is concerned, she can file a DV Case against her daughter in law.

 

Father of husband can file a petition for eviction under the Senior Citizen Act, in case, your property is in posession of the litigating wife

 

You need to provide more details , kindly call me up.

Deepankar Kataria
Advocate, Delhi
194 Answers

5.0 on 5.0

1. Mere withdrawal of allegations as happened in your or even dismissal on the ground of lack of merit of the case is no basis to file case for defamation.

2. However  if there are instances of defamation like character assassination campaign before public then you cna file civil suit for defamation ad well as criminal defamation.

Devajyoti Barman
Advocate, Kolkata
21534 Answers
311 Consultations

5.0 on 5.0

You can file for harassment and her eviction under senior citizens Act. 

Prashant Nayak
Advocate, Mumbai
22044 Answers
49 Consultations

4.4 on 5.0

-  As per law, Defamation means “ Attacking another's reputation by a false publication tending to bring the person into disrepute by communicating the same to a third party.

-  As per law , your daughter in law has her legal right to file cases against her husband and his family members, and dismissal of the same not constitute any criminal offence against her.

- Mere, dismissal or withdrawn of D.V.cases not creates any ground against her , because other cases like 498A/406/120B  are still there against your son and his family members including you. 

-  Yes, after dismissal of all cases , you being a senior citizen can file Defemation case against her.

Mohammed Shahzad
Advocate, Delhi
5289 Answers
51 Consultations

5.0 on 5.0

you can file criminal defamation case and/or defamation suit against your daughter-in-law and get her either punished for her false DV. 

Mohammed Mujeeb
Advocate, Hyderabad
18622 Answers
11 Consultations

4.5 on 5.0

The case has been dismissed against you and other respondents but this will not make you eligible for filing any case against her. 

Your wife can file a DV case against her for the harassment made against her.

T Kalaiselvan
Advocate, Vellore
68815 Answers
927 Consultations

5.0 on 5.0

Yes you can file case of defamation if your daughter in law has published anything against you on any type of media which have ruined your character and Image in the society.

Mohit Kapoor
Advocate, Rohtak
10525 Answers
7 Consultations

5.0 on 5.0

'Dear Concerned, 

 

YOu may choose to file a complaint case in nature of defamation , however it is not suggested to get into litigation that too when Divorce case of your son is on the final stages. It is always advised to stay away from litigation especially when the girl has herself withdrawn the DV case against the respondent no. 2 to 4 HOWEVER - do check the reason why the case against 2 to 4 has been withdrawn as that is where you will find the reason to file a complaint case. 

Atulay Nehra
Advocate, Noida
1247 Answers
58 Consultations

4.7 on 5.0

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