Can i file defamation case and claim damages from wife for false case
18-Sep-2023 (In Divorce Law)
Yes, you can file both civil defamation case against your wife - claiming damages and criminal defamation case against your wife pressing prosecution and penalty upon her.
Alternatively, you can also move an application under Section 250 Code of Criminal Procedure, 1973 and claim compensation from your wife for having been maliciously prosecuted by her.
You can most certainly file for divorce against your wife on the ground of cruelty embodied under Section 13 of the Hindu Marriage Act, 1955. Your malicious and false prosecution by her amounts to cruelty against you entitling you to press divorce against her.
As part of your divorce proceedings, your wife can claim maintenance from you during the pendency and upon the completion of the case under Sections 24 and 25 of the Hindu Marriage Act, 1955 respectively. But since you are out of your job, the amount of maintenance to be awarded will depend on various factors, such as the husband's capacity to pay or seek new employment, the standard of living, and the needs of the wife. The court will take into account the financial situation of both parties. You would have to show evidence in order to prove that your income is severely affected, such as books of accounts, your salary slip, termination letter on the ground that due to defamation and multiple court cases against you, you were terminated from your job. The court may grant you a relief period of 6-8 months or may defer the payment to be paid.
If you oust her from your property, then she may claim right of residence under Protection of Women from Domestic Violence Act, 2005.
Can a husband file a case against his wife in India?
How do you deal with someone who is defaming you?
Who can file defamation case?
Can a husband file 498A on wife?
You can file divorce case on the ground of cruelty as her false action amount to cruelty. She can demand maintenance but not property.
If you oust then she may claim right of residence under DV Act. For any clarification and or legal help you may contact me through this website if you so desire. I am in Delhi High Court.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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