Procedure to file a defamation case
27-May-2023 (In Civil Law)
I belong to Muslim Community. My elder brother is employed in a PSU. His wife filed a writ petition against him u/s 498A, 406 in the year 2005 in Tis Hazari Court, Delhi. In the year 2006, my brother divorced his wife in accordance with Muslim Shariya Law. She also accepted the divorce voluntarily. In January 2018, the Hon’ble Court dismissed her petition due to devoid of merits. In April 2018, she has filed an appeal against dismissal of her petition in the Session Court of Tis Hazari, Delhi. My brother intends to file a defamation case against his ex wife for filing a false case against him in Tis Hazari Court in the year 2005. Please clarify whether my brother can file a defamation case against his ex wife now or he can file the defamation case only after disposal of the appeal filed by his ex wife in the Session Court. Please also intimate what is the time limit for filing a defamation suit in case of my brother.
The time limit is 1 year
And there can be a very good prima facie cases once there are public records , for defamation there shall be something defamatory plus it shall be known to public.
So yes you can go ahead , since the case of action and till the suit is decided you have all the time
The date the case gets decided since then an year will be the limitation.
You can contact for filing the same..
I sit at tis hazari only.
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No case for defamation is made out on allegations made against your brother. Otherwise also it is very difficult to prove defamation .Ask your brother to contest the case /appeal filed against him and defend him in the same.
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Hi there!!
If there is any defamation then you can claim damages within 2 years of the said cause of action. Also you can file a complaint under section 500 IPC before filing the case before the appropriate court.
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