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Can I file a defamation case and claim damages from my wife for filing a false case? Can a husband f


17-Jul-2024 (In Divorce Law)
A husband and wife have 17 year old daughter. Wife files a case under 498-A against husband but the District Court in Delhi rules in favour of the husband. The wife again files an Appeal in the Sessions Court/Metropolitan Magistrate Court and that also upheld the decision of the District Court, but directed the husband to pay a monthly sum to his daughter living with his wife for his school fees till the age of 18 i.e. for 1 year only. Now, the husband has lost of job because of the cases filed by his wife. Q1 . Can the Husband go to High Court and file a Criminal or a Civil Writ Petition , also a defamation case and claim damages from his wife for loosing his job and reputatuion ? Q2. Can the husband file for Divorce Proceedings against her wife ? Is it feasible for the husband to file this divorce case ? Can the wife demand maintenance and property from the husband ?Can he oust wife from his property ?
Answers (6)

Yes -after an acquittal a husband can sue civilly for malicious prosecution and for defamation and can also lodge criminal complaints under the new criminal code (Bharatiya Nyaya Sanhita) -e.g., false'charge (BNS s.248) and defamation (BNS s.356) -but success requires proving the elements (termination in his favour plus lack of reasonable/probable cause and malice) as explained by the Supreme Court in West Bengal State Electricity Board v. Dilip Kumar Ray. [https://jurisquest.com/laws/bns/248] [https://www.prashantkanha.com/section-356-of-bhartiya-nyaya-sanhita-2023-bns-equivalent-ipc-section/] [https://www.courtkutchehry.com/judgements/658102/west-bengal-state-electricity-board-vs-dilip-kumar-ray/; see also principles summarised in Dilip Kumar Ray]. He may sue for divorce on the ground of cruelty where the wife's filing of unfounded/defamatory criminal complaints has caused mental cruelty (K. Srinivas Rao v. D.A. Deepa), but an acquittal alone does not automatically entitle him to deny all maintenance or property claims -courts exercise discretion and will examine conduct, need and statutory entitlements before refusing maintenance or matrimonial property rights. [https://www.daaman.org/jd/k-srinivas-rao-vs-d-a-deepa/criminal-courts-dealing-with-section-498-a-ipc-should-refer-the-parties-to-mediation-centre] Remedies against state action (wrongful arrest, suspension, or police misconduct) lie by writ against the authority (see Arnesh Kumar v. State of Bihar); a writ is not the correct remedy against a private spouse. [https://www.daaman.org/jd/arnesh-kumar-vs-state-of-bihar/no-automatic-arrest-in-498a-cases-guidelines-to-police-and-magistrates-non-compliance-will-attract-disciplinary-contempt-proceedings] In short: available remedies -criminal (BNS s.248/356), civil (malicious'prosecution/defamation damages) and matrimonial (divorce for cruelty) -exist but carry strict legal thresholds and are fact'sensitive; rely on the cited authorities when advising litigation strategy. [https://jurisquest.com/laws/bns/248] [https://www.prashantkanha.com/section-356-of-bhartiya-nyaya-sanhita-2023-bns-equivalent-ipc-section/]

Answer #1
335 votes

Yes, you can file both civil defamation case against your wife - claiming damages and criminal defamation case against your wife pressing prosecution and penalty upon her.
Alternatively, you can also move an application under Section 250 Code of Criminal Procedure, 1973 and claim compensation from your wife for having been maliciously prosecuted by her.

You can most certainly file for divorce against your wife on the ground of cruelty embodied under Section 13 of the Hindu Marriage Act, 1955. Your malicious and false prosecution by her amounts to cruelty against you entitling you to press divorce against her.

As part of your divorce proceedings, your wife can claim maintenance from you during the pendency and upon the completion of the case under Sections 24 and 25 of the Hindu Marriage Act, 1955 respectively. But since you are out of your job, the amount of maintenance to be awarded will depend on various factors, such as the husband's capacity to pay or seek new employment, the standard of living, and the needs of the wife. The court will take into account the financial situation of both parties. You would have to show evidence in order to prove that your income is severely affected, such as books of accounts, your salary slip, termination letter on the ground that due to defamation and multiple court cases against you, you were terminated from your job. The court may grant you a relief period of 6-8 months or may defer the payment to be paid.

If you oust her from your property, then she may claim right of residence under Protection of Women from Domestic Violence Act, 2005. 

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Answer #2
710 votes
Yes you can file suit for damages for all your harassment and loss of job and reputation as well. You can file divorce case on the ground of cruelty as her false action amount to cruelty. She can demand maintenance but not property. If you oust then she may claim right of residence under DV Act. For any clarification and or legal help you may contact me through this website if you so desire. I am in Delhi High Court.
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Answer #3
608 votes
yes you may file criminal and civil defamation cases as well as claim damages under the pretext of false 498a case which is now been dismissed and ruled in your favour and does amount to malicious prosecution.
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Answer #4
525 votes
You have not mentioned in your query as to whether whether husband or wife is employed or both were employed, although you have stated that now the husband has been rendered unemployed due to the case filed by the wife. Please also let me know as to whether at present wife is employed ? As regards loss of your job and mental agony suffered by you, you may file a civil suit after depositing the ad valorem court fee. You may also file a petition of divorce under section 13(1)(ia) of the Hindu Marriage Act on the ground of cruelty. You may also file a suit for maintenance under section 24 of the Hindu Marriage Act 1955. You may take my help if you so desire.
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Answer #5
672 votes
Well u can file cases again so your wife like divorce law is very clear thst wife is only entitled for maintenancr if any she is not entitled for share in properyu you can filr defenaton case against your wife further you can contact us
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Answer #6
645 votes
yes all the question are valid definitely we can go ahead and file divorce proceedings against your wife.The second question that weather she can claim maintenance or not depends on the circumstances of the cases.if you are in such a condition that you are not earning therefore you should not be actually bounded by maintenance. As per the third question the wife can claim the property or not ;depends on the property that is in your name ,if nothing persists then no claim can be relied on.Therefore rest can be looked as per the facts of the case.
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