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Need information on defamation case
19-Jun-2023 (In Family Law)
My aunt's son married to my neighbor's daughter. After marriage they dont have any problems between them for a period, but after that the husband have a extra marital relation. And for this the relation between husband and wife detoriated. The married couple has a son also. A couple of years or more the wife living in her father's house with her son. Now, the wife comes to our house and blaming us that we are aware of her husband's extra marital relations and bad character - if you will not sort out the problem then I(the wife) will go to the court and file a 498A case against the husband and your family. We dont know anything about the husband's those type of acts, and we did not force them for marriage - they talked and made well enquiry about the husband and his family before marriage. Now my point is - 1) If the wife file any 498A against the husband and if there is any name of anyone of my family member - what to do? 2) can we file defamation against them?
Answer to query 1:
If the wife files 498A as per supreme court guidelines no one will be arrested related to the husband, the wife can very well allegate any one of her choice as per her whims and fancies. If wife files 498A case police will serve 41 A notice upon all the accuse and call them up to their office for investigation, if at all the police has to arrest the police has to take magistrate consent before doing so.
Answer to query no. 2
filing a defamation suit is useless because proving such takes years except running to court on a daily basis. Instead drop a information letter to the local police station about the entire facts and details fearing of dire consequences which will protect you in the long run.
Detailed discussion is important.
If the wife files 498A as per supreme court guidelines no one will be arrested related to the husband, the wife can very well allegate any one of her choice as per her whims and fancies. If wife files 498A case police will serve 41 A notice upon all the accuse and call them up to their office for investigation, if at all the police has to arrest the police has to take magistrate consent before doing so.
Answer to query no. 2
filing a defamation suit is useless because proving such takes years except running to court on a daily basis. Instead drop a information letter to the local police station about the entire facts and details fearing of dire consequences which will protect you in the long run.
Detailed discussion is important.
Helpful?
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Adv. Aveek Bose
Kolkata | 500+ Answers
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The answer of Question No.1 is yes, the wife can file 498A against her husband and including any of the inmates of her husband's side, even the person of distence relation also. there is no bar at all. If the wife lodge 498A then first duty is to take Anticipatory Bail or regular bail from the Court under which jurisdiction the FIR has been instituted.
The answer of Question No.2 is No.
The answer of Question No.2 is No.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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Off course you on behalf of your family can file case of defamation under section 499 -500of the Indian Penal Code.
But still she can file case under section498A of the Indian penal code against you and your family as you are also her in-law.
For your and your family safety you can go for anticipatory bail.
But still she can file case under section498A of the Indian penal code against you and your family as you are also her in-law.
For your and your family safety you can go for anticipatory bail.
Helpful?
21+
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Adv. Mita Banerjee
Kolkata | 100+ Answers
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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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