Yes you can file civil defamation. Court fee will be around 2 percent of amount claimed to maximum of 75000/- for upper limit. Lawyer fees vary from lawyer to lawyer
Defamation suit against individual
Sir as i am serving in army n i am not staying with her right now as she is in agra, UP in govt md accn one or two personnel who i dont know said my wife has some illegal affair with one person who is also in army that i came to know through my wife on 15 jan 2020 she said she will find out who is behind this n complain about this to Commanding officer of unit. As i am way far from my house n could not do anything except calling her reaasuring her as i am posted in baisakhi high altitude n not that easy to come back urgently my children r also suffering the consequences even myself facing tensions n cant do my duties properly due to this. Can i file a case in court through civil r should i do the same in army i dont know even army takes this case or not my wife n me have decided to teach them a lesson n file for damages that caused me n my family r suffering right now she is really upset n i am afraid that she may take some harsh steps like u know what i mean so plz help me n my family to come out of this dignified n a very harsh lesson to those tried to defame my wife. There r some personnel who r willing to help us in this matter because they know us very well from 3 years as friends. Plz tell the procedure Where to file complaint How much to claim Can i go through civil court as i am in army Court fees Lawyer fees If any thing is missed in between that u want to know plz wtsapp me as there is network problem here my no is [deleted]/ Alternate no without wtsapp [deleted] And i am from bangalore Can i file case in agra itself N what type of case do i need to file My mail id is [deleted]
Asked 4 years ago in Civil Law
13 Answers
As i am feeling insecure due to this type of allegations n now just quit my job n go home when u r serving in army n do my best to serve the nation n this is what i get from others i am really not happy with situation some plz dont take this lightly n plz help me as much as u can sir. N help me nail that person so that they should know even when a male is not in house female can live their life happily without fear of any one tq for ur help in any sort
Asked 4 years ago
The so called anonymous allegations about your wife is having a relationship with somebody cannot be pursue with any legal action especially in the civil court.
However this may turn into a menace if not checked at this stage itself.
If you are able to guess the person who purportedly spread this rumour with some mischievous intention, you can write a letter to your commanding officer stating that in your absence thee people are trying to spoil the relationship between you and your wife by spreading false rumours and that your wife is grief stricken by such un found allegations and also she is feeling unsecured in the campus due to such undesirable elements' dirty tricks to destabilize your married life.
You can express your fear about the unsafe living atmosphere to the family of serving soldier in your complaint.
You can identify the person who is the mischief monger.
If you are not able to find out the culprit, you can give a complaint letter without mentioning the person's name and seek protection to your family, the administration would easily find out the culprit very soon and may initiate proper action as per military laws.
Your wife has to file complaint of criminal defamation in magistrate court under section 500 of IPC against persons who have malinger her reputation by alleging that she has an extra marital affair
2) legal fees vary depending upon lawyer engaged by you
3) your wife can also complain to commanding officer of unit to take action against persons who are maligning her reputation
4) case has to be filed where offence has been committed
You should not resign your job
2) complain to commanding officer of your unit
1. you can file a police complaint against the said person if you know the details,
2. recently, the Central Government had issued a letter to all state governments to tackle the matters related to family of army personnel in a quick manner,
If you have the name of the persons who are defaming you and your wife definitely you are allowed to take action under section 499 of IPC since it is a criminal case you need not to pay Court fees and the case may be filed in district and session court of your district where this incident happened in case you do not want to go through the legal process you can lodge your complaint with your commanding officer in that case the person who is accused must be working in the same unit so that the commanding officer can take action in both the cases you must make sure that you can provide any evidence to prove your accusations in case you are not able to provide any proof in this regard you may again be charged in the same section for defaming your colleagues by them
1. Well, on the basis of telephonic conversation no case of defamation lies not any case for damages.
2. Now had he abused or threatened you then you could filed case for criminal intimidation.
3. In this case the job must have been done by some mischief seeker and you better ignore this.
4. if you run after this incident then you would loose both job and peace of mind.
Dear Sir,
Dear Sir,
No person including spouse cannot damage reputation of another spouse as such it is your civil right to file a civil suit restraining her from approaching any of the above medias and from publishing anything about you. Further you may file defamation case on the available date.
A criminal defamation can be filed through private complaint with magistrate under section 499 and 500 of indian penal code. There is no court fees in criminal matters expect ticket fees. The procedure in civil court and criminal case take time they can go for 2-3 years and fees of lawyer is also needed to be paid.
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.
The complaint procedure is like any other crime. You can file a complaint under S. 499 with the police. Since it’s a non-cognizable offence, the police would need approval from the magistrate to take any action.
But before you go ahead, try and understand how criminal defamation works in Indian law.
Saying or writing something which is harmful to a person's reputation, is called defamation. It’s against the law to intentionally harm someone’s reputation, cause them to be hated or disgraced through text, image, cartoons, caricatures or effigies.
You can be punished if you say or write something to insult the reputation of a company or a group of people (and not just of a single person). However, it is important that this class or group of people can be identified.
You can be punished even if the person whose reputation you harmed is dead. What the Court will look at is whether the person's reputation would have been hurt if they were alive. Another thing that the Court will consider is if your actions hurt the feelings of that person's family or relatives. The legal representatives or the relatives can file the case for defamation on behalf of the deceased person
To prove a defamation case, you have to show the following things:
- That the person who said or wrote things about you conveyed a defamatory message.
- That the material was published, meaning that it was conveyed to someone other than you.
- That you could be identified as the person referred to in the defamatory material.
- That you suffered some injury to your reputation as a result of the communication.
yes on this basis you can file defamation case because by spreading false rumours your reputation must have harmed . you must remember that you have to prove these things without that you can't win. There must be prefect proof that he had leveled this false allegation against you.
Dear Sir,
Dignified life is basic right of everyone and it is my humble request/suggestion to stand with your family and support your wife saying that you believe her and nothing will go wrong. This will give her courage and strength and she will be able to recover from the mental trauma due to false allegations. As regards to legal action, you or your wife may take appropriate by informing your commanding officer/provost marshal and also to civil police. You might be knowing that applications/DO letters are sent to civil authorities for safeguarding your family through commanding officers. Do take benefit of these specific facilities and also consult some relative/welfare minded person to help you out at Agra in your absence (while you are away from home on duty). The defaulters will be taught due lesson through this process.
1. The cause of action to file criminal defamation under 500 IPC and suit for damages accrues to your wife. She can file the case against persons who have made false allegations and caused loss of reputation to her.
2. Defamation is loss of reputation. Reputation is estimation in the eyes of other. Hence, your wife will have to prove the publication of defamatory imputation and to this end she has to examine someone who can state in the court that he/she read or heard the defamatory imputation.
3. Fee of lawyer varies from one lawyer to another. There is no uniform structure.
4. You and your wife can also send a complain to CO to act against those serving personnel who have leveled false allegations.
5. Case has to be filed where offence has been committed or cause of action has arisen.
Dear sir,
You seems to be much worried. Please take everything lightly otherwise life becomes hell. you need not resign from your job since there are so many options to solve your problem. on the ground of adultury you can get easily divoce without alimony. Secondly, you can file case under section 498 of IPC against the boy friend of your wife.
