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I'm Purvi, my mother is 76 year old and a famous astrologer. she has her own private practice.my big
17-Feb-2023 (In Criminal Law)
I'm Purvi, my mother is 76 year old and a famous astrologer. she has her own private practice.my big brother went through a divorce in which his wife made false accusations on my mother and father. My father expired during the trial. then my brother and his wife separated their ways through mutual divorce. but before that an FIR of 498a, 406, 34 was registered on my mother and father's name. nsince my mother is old, I want to know if I can file a defamation case against that woman. and if we file for 2 crore case, then how much can we expect and if it is even worth filing for such case. nit is not about the money we get but I want to hurt that woman financially and harrass her as much as I can. that is why I'm asking. nClear answers are welcome. Thank you.
We have carefully perused the contents of your query and would advise you to seek a detailed legal consultation. It will Not cost you much and will give you a clear picture after persuing and legally examining the contents of FIR and other judicial documents.
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Adv. Anubhav Kathuria
Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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Rather then dragging yourself again in court it’s better to forget about all the previous things because you must have seen the court proceedings by now. But if you still want then you can always file a defamation suit against her and also register a FIR under section 191 IPC for giving false evidences. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Adv. Jitender Singh
Delhi | 1000+ Answers
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Hello Purvi ji !
It’s really sad that your mother had to go through such times. Since both your brother and his wife have parted ways, I am assuming that the FIR that was registered Must have been quashed by the High Court. As far as filing a defamation case is concerned you can certainly do that if you have evidences in your favour. There is no limit on the amount that you can seek as compensation in the defamation case and in addition to this One cannot quantify the amount that you are expected to receive as compensation. It all depends upon the allegations that you make and Are able to prove before the court. Yes you can take up the defamation suit on behalf of your mother since she is old. In civil cases a person can file a suit and representative capacity but as far as criminal matters are concerned one has to defend the case himself or if he is a complainant he has to file a case in his own capacity personal capacity. This is what I could help you with on this platform. If you want to see any further help feel free to contact me on my number.
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Adv. Rajnish Kumar Singh
Adv. Rajnish Kumar Singh
Delhi | 100+ Answers
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Dear client
At the outset. In case your brother had a mutual divorce. The 498a case must have been mentioned in the settlement that must have been dream after the 1st motion. First - you should file a 482 to get that FIR quashed. Suit for defamation will have to be looked into. Rarely the court rules in favour of the complainant in the FIR. Anyways the action of defamation should be brought in once the FIR is quashed.
Feel free to get in touch for further discussion.
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Adv. Abhinav Sharma
Adv. Abhinav Sharma
Delhi | 700+ Answers
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Yes you can file defamation case on your brother’s ex-wife ! You can claim any amount but then you need to pay non-refundable court fee of approximately 1%*. For example if you file the case for Rs 2cr then u need to pay approx 2 lakhs as court fee plus advocate’s fee.
Whether you will win the case or not is discretion of court depending on the evidences which you will place in the court!
Thanks n be in touch !
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Adv. D. Khan
Adv. D. Khan
Delhi | 1000+ Answers
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