Wife defaming me. Can file defamation suit against her and get divorce
Me and my wife are 44 years old. For both of us it is second marriage. I have 2 kids with from first marriage staying with first wife and my second wife has one child living with us. Due to some differences she is defaming me at army wives club. I am an army personal. Now she is living in the government accommodation provided to me and i am living with my parents. Can i file defamation suit against my wife? Also i want to file for divorce. How should i proceed?
Defamation refers to the act of publication of defamatory content that lowers the reputation of an individual or an entity when observed through the perspective of an ordinary man. If defamation occurs in spoken words or gestures (or other such transitory form) then it is termed as slander and the same if in written or printed form is libel.
Defamation in India is both a civil and a criminal offence. In Civil Law, defamation falls under the Law of Torts, which imposes punishment in the form of damages awarded to the claimant (person filing the claim).
Under Criminal Law, Defamation is bailable, non-congnizable and compoundable offence. Therefore, the police cannot start investigation of defamation without a warrant from a magistrate (an FIR cannot be filed).
Hence you should file a case under section 499 of IPC, and the punishment of defamation is under section 500 of IPC which states imprisonment extend to two years or with fine, or with both.
With respect to divorce ,you can file divorce under Hindu Marriage Act, 1955 under section 13 (1)(ia) on the ground of cruelty and seek dissolution of marriage
The word defamation is very easy to pronounce but its very tough to prove before the Hon'ble court. In your case you failed to provide me the information about the remarks and incidence on the basis you feel that she is defaming you. If it is really defamatory than yes you may file a case against her for such act.
Please provide me all relevant information for perfect answer of your query.
Advocate Mohan SJanakpuri, Delhi
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