Your father can file criminal defamation case against your wife under section 500 of IPC 

As per Section 500 IPC, the punishment for the defamation is imprisonment for two years, or with fine or with both. Hence the cognizance of the offence has to be taken within 3 years as per Section 468 (2) Cr.Pc 

The case was dismissed for non prosecution, i.e., your father was acquitted?,

Besides this was a police prosecuted case, hence defamation case may not be maintainable.

Section 499 of the Indian Penal Code, 1860 defines what is defamation and its exceptions. Words or signs imputed intending to harm or with the knowledge that such imputation will cause harm. It may amount to defamation if anything is imputed against a deceased person, if such imputation would harm the reputation had the person been alive. The class of persons shall include company or associations. It is no defamation unless the alleged defamatory statement either directly or indirectly lowers the moral or intellectual character or his respect of his caste or his calling in the estimation of others.

Hence in my opinion, no defamation may be maintainable in the given circumstances 

The limitation is three years to file the defamation case, however the chances are  very bleak 

Yes father can file a defamation case of he is acquitted 

Dear client,  

I'm sorry to hear about the difficult situation you are going through. It's understandable that you want to provide the best education for your daughter, and it's unfortunate that the admission process is being hindered due to your ex-husband's unwillingness to provide a letter of no objection.

Firstly, you can try to reach out to the school and explain your situation. You can provide them with relevant documents such as court orders or custody agreements that show that you have sole custody and decision-making authority for your daughter. You can also provide a written explanation of the circumstances that prevent you from obtaining the letter from your ex-husband. The school may be able to make an exception and admit your daughter without the letter.

Another option is to seek legal advice from your lawyer regarding this matter. Your lawyer may be able to intervene and provide a legal opinion on the school's requirement for a letter from the father. They may also be able to communicate with the school on your behalf and provide the necessary documents to prove your sole custody and decision-making authority.

It's important to note that the laws and regulations regarding school admissions may vary depending on your location. You can also check with the relevant education authorities in your area to find out if there are any policies or guidelines that can support your case.

In summary, try to reach out to the school and explain your situation, provide relevant documents, and seek legal advice from your lawyer. I wish you the best of luck in resolving this issue and providing the best education for your daughter.

AKANKSHA MISHRA
As mentioned in the qn, i myself is going thru a divorce case , my wife won maintenance for her and for our child recently, but the divorce case is still going on.. during the initial phase of our divorce case , she filed a complaint against my father that my father abused her verbally in her work place(which he didnt, like he didnt even go to her office in the first place nor he verbally abused her anywhere ), my father has been called by the local police to the police station and they enquired abt it and let him go, but the filed complaint has been brought to the court and the court dismissed it later because there was no further response or progression from the filed party(my wife)... hence my father actually never abused her anywhere ( even in her work place) and the court has dismissed the case later.. can my father file a defamation case on based on this against my wife?

Asked 24 hours ago in Family Law from Chennai, Tamil Nadu

Religion: Hindu

thank u sir and follow up qns? within how many days or months my father has to file this defamation case against my wife? and what are the chances he may win ?

As per the Indian Limitation Act, the time limit for filing a defamation case is one year from the date of the alleged defamation. However, it is advisable to file the case as soon as possible to avoid any delay or legal complications.

Regarding the chances of winning the case, it depends on various factors such as the evidence, witnesses, and legal arguments presented in court. Your father will need to prove that the statements made by your wife were false and caused harm to his reputation or character. He may also need to show that your wife made the statement with malice or intention to defame him.

It's important to consult with a qualified and experienced lawyer who can advise on the specifics of your case and the likelihood of success.

Yes file defamation case