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Can defamation case be filed against wife for filing false case
10-Dec-2023 (In Criminal Law)
My wife filed divorce petition in the court on the ground mental cruelty alleging that my deceased father, sister and myself are mentally retarded in December 2014. Can I file criminal defamation against her in 2017?
first thing If you are a Hindu, this is petition is not maintainable against your father and sister u/s .13(1)(ia)[mental cruelty] because divorce grounds affects against spouse only . and second thing merits of the case is decided by the court,it is one of the exception to the defamation U/S.499IPC. however as per explanation 1 of s.499 IPC , makes or publishes any imputation to the deceased person. you have right to file a case . but as per your ground it is one of the exception to the defamation. so on such ground you can't file a criminal case.
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Adv. Shiva Komara
Secunderabad | 25+ Answers
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Yes you can file a defermation case against your wife but it depends on the reply given by you in the reply affidavit when she has raised such alligations against you if you came to know about the alligations then you can file
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Adv. Akshay Gupta
Hyderabad | 200+ Answers
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As per your conversation you said that your wife filed a divorce case on mental cruelty ground, and you want to file a defamation case, my suggestion is that you need to get it clear that what exactly is it.
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