Dear All I have been fighting matrimonial cases against me such as 498A, DV, 125 etc. The cases are all false and malicious with an intent to extort alimony. The cases were done at Bhopal and I reside in Jaipur. If I win, then can I sue my in-laws and those who gave statements in police in 498A who are their neighbors and relatives for defamation and malicious prosecution. Is there any other legal remedy available? Can I do these cases at Jaipur and without their right to get them transferred to Bhopal? Can each one of the accused, have separate legal power to these cases or these have to be clubbed together as one case as there are 3 people (me and my mom dad) who are accused in their false cases? Say if my parents get free in 498A then can they file cases for themselves first?
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You can file complaint of criminal defamation against your wife and other witnesses for maligning your reputation
2) file case against wife and others in Bhopal as cause of action has arisen in Bhopal only
3) your parents can file case against your wife and others earlier if they have been acquitted by court
If the cases against you are dismissed then you can file a petition against police alone for malicious prosecution in 498a case.
This case can be filed before the same court where the said criminal case was filed and not at the place of your convenience.
Who ever is aggrieved by this case and eligible for remedy can file the proposed case jointly.
A defamation case can be filed against the in laws and the wife for malicious prosecution and criminal intimidation.
A civil defamation case for damages and a criminal defamation case can both be simultaneously filed against them.
- As per Supreme Court, One is bound to tolerate criticism, dissent and discordance but not expected to tolerate defamatory attack,
- Under sections 499 and 500 of the Indian Penal Code, defamation is a criminal offence. Defamatory acts can include “words either spoken or intended to be read", signs or visible representations, which are published or put up in the public domain. The offence is punishable with up to two years imprisonment, a fine or both.
- You have a legal right to live in the society peacefully and respectfully. Law of the land is bound to protect you.
- Hence, if you win the cases or if her cases dismissed by the court , the you can file a defamation suit against her and her family members
- Further, even your parents can also file this cases against her in the area of their residing
- Further , you mother being a woman can also file a compliant under the provision of DV Act against the harassment of her daughter-in-law.
yes defamation is available if you have a clean acquittal
The best step that can be taken is the offensive step by filing of a counter case but for this one you will need a lawyer who has well knowledge in this particular field.
There are many sections that can help you like Section 120B of IPC, talks about punishment for criminal conspiracy, where if there is a false case registered against you then you can file a case against your wife under this section as her intentions are to crime against you.
There is Section 167 of IPC that talks about a public servant framing an incorrect document with intent to cause injury, where if you think that the police is helping your wife for preparing the false case, then you can file a case under this section too.
Section 191 of IPC talks in respect of giving false evidence, where if the husband feels or suspects that his wife or any other person is presenting false evidence or false document against him then he can file a case too under this section.
And at last, Section 500 of IPC states defamation, where if the reputation of the man which is his biggest asset is defamed by any means than he can drag the person to the court and ask for punishment or remuneration.
