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Can i file Defamation case after the conclusion of DV case


14-Aug-2023 (In Divorce Law)
Hi, mere bare bhai ne 14july2013 ko arrenge marriage ki par 2nd oct 2013 ko wo apne father ke ghar wapas chali gayi.un dono main koi physical relation nehi hua tha...har waqt wo bahana karke tal jati thi...1sal bad dec 2014 ko usne apne ghar ke pas ka police station me 498 aur Dv ka case kiya...jiska may 2016 ko notice aaya court se ke jabtak divorce nehi hota use interim maintanence chahiye..proseding ke bad ghar ke 4 log mere bhai,maa,papa aur mama ji ko bail mili oct2016 ko.. tabhi court bina dekhe 15000/month ka temporary maintanence dene ka order diya...usne jo bhi allegations lagaya oo sab false hain use sirf paise chahiye...divorce hearing main wo nehi aati bhai ne divorce case nov 2015 ko kiya tha...498 ka abhi tak koi order nehi nikla...aur ha false allegation ke sath sath usne mere bhai ko impotent bhi kaha,jo ke waisa nehi hain...to main ye janna chahti hu ke ab hame kya karna chahiye??Kya hum defemation case kar sakte hain??how much chances to win?
Answers (3)

Answer #1
795 votes
If your brothers wife does not appear court hearing then the court will pass exparte divorce order in your brothers favour.

And file a quash petition under section 482 of the Cr. P. C before the Hon'ble High Court for quash the criminal proceeding against your brother and parents. And without detail discussion proper consult is not possible.
Answer #2
899 votes
If you have factual evidence that the wife called her husband impotent, then it will amounted to cruelty and divorce can be easily obtained. On the contrary you can claim damage of your reputation for making a defamed allegation.
On the 'Maintenance' note: - The Supreme Court has sets alimony benchmark @ 25% of husband’s net salary.
Answer #3
868 votes
You have to apply for re consideration of order of alumni and have to submit the proof against her and also have to fetch magistrate's attention at your side. Abhi Defamation hoga nehi. there is always chance to win.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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