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Can defamation case be filed against wife for putting wrong allegation
10-Oct-2023 (In Divorce Law)
My wife puts false allegations on her petition for divorce. Can i file defamation case against her. Kidly suggest at what time i can file.as my RCR is also going on.
No you can't file defamation case against her in such condition. Contest the divorce matter with her, prove her wrong. Prove that her all allegations are false and fabricated. You point out her mistakes or faults like cruelty , etc in your objection.
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Adv. Rajdeep Pradhan
Cuttack | 100+ Answers
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How can I prove defamation in court in India?
Section 499 of Indian Penal Code, 1860, codifies the laws of criminal defamation. To fall under this section, one must have made a false imputation against another with the intention, knowledge or belief that it would harm their reputation.
Can FIR be filed for defamation?
In India, however, defamation is not a cognizable crime and can be bailed out. If you go to the Police Station for this purpose, they will not register a FIR because it is not a cognizable offence.
Can a normal person file defamation case?
A false statement is a form of defamation. Its an attempt to harm someones reputation. Defamation in India is both a civil and criminal offense. A person who has been defamed can bring a case for defamation against the offender.
What evidence are required for defamation case?
In order to bring a criminal action, the intention to defame must be present. It is necessary that the accusation be made with the intent to defame someone else or, at the very least, the knowledge that publication will likely defame someone is required. The act must be proven beyond a reasonable doubt to have been done with the intention of lowering the reputation or another.
A person can take any plea in his/her petition that he/she has to prove it. If the defamation is in public then there u can file defamation , if she cannot prove her allegations or give false evidence she will loose it, once she defeat the case you have a scope to sue her for perjury.
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Adv. Deepak Kumar Panda
Cuttack | 200+ Answers
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Yes you can file but you have to wait till disposal of the family court case . If your wife failed to prove that allegations what was written against you . For better suggestion please contact with me.
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Adv. Durga Prasad Jena
Cuttack | 200+ Answers
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