My wife and I have domestic issues going on since beginning. We got married on 8th June, 2009 and I was a salaried employee at that time. My wife has spoiled my reputation and lowered my status in society by doing the following: 1. My wife has been accusing me of being violent and characterless man without any evidence in front of my various relatives 2. My wife once threw my mother out of house while I was in office. I informed her parents who came and beat her daughter as punishment and brought my mother back home. That day my wife informed my employer that I am a violent man so much so that my employer called up my father-in-law to say that I was a violent man. Consequently, my relationship with my employer worsened and eventually after a few months I resigned from the job. I was working in that company for 8 years. 3. Once my wife again abused my mother while I was in office and called up my childhood friend and told him that she misbehaved with my mother and I might beat her once home. Indirectly she was insinuating that I was a violent man. 4. Once we had a scuffle at home and she went to my landlord and told him that I was a violent and a characterless person and my mother ill treated her. 5. Once I complained about her to her parents and she retaliated by calling police on pretext that I was beating her. Police came and she repeated the charges of me being a violent and characterless man and my mother ill treated her and things like that. I insisted with the police to take her for medical checkup but fearing medical checkup my wife refused to file complaint. In toto, she has told such things to my relatives, employer, friend, neighbours, landlord and lowered my image among all sections of the society. Most of these incidents are provable in court. Can I file a case of IPC 499,500 against her. ??? If yes, then how should I proceed? She has also intimidated me several times with false criminal cases but I have no evidences of that.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1) you must record all threats of your wife .
2) file complaint of criminal intimidation against her under section 506 of IPC
3) if wife has maligned your reputation you can file complaint of criminal defamation against her before magistrate court under section 500 of IPC
4) you can also file for divorce on grounds of mental cruelty
5) making false allegations that husband is having extra marital affair amounts to mental cruelty
Anybody is free to file a case against any Tom, Dick or Harry, but the fact remains that you have to prove your case in the court to get a favourable finding. Your defamation prosecution will hinge entirely on evidence. If you can prove through ocular and/or documentary evidence that you have been defamed then you may taste success. The falsity of her allegations will have to be proved beyond a shade of reasonable doubt, which is not going to be easy.
You can file a criminal complaint agaisnt her for criminal intimidation offences with the police.
If you have proof for her malicious complaints as well her acts which have defamed you or have spoilt name and fame or reputation in the society.
You should secure substantial proofs to prove your proposed criminal defamation case against her.
You can proceed with the help of a lawyer's advise on all such further issues.
/you can file complaint for the offence of 499/500. publication of defamatory statement in public domain is the only requirement for commission of offence u/s 499/500 as defamation.
your wife's those acts also constitute cruelty and it is also a valid ground of divorce.
