LawRato

Husband Defaming Wife infront of relatives, school and court


30-May-2023 (In Divorce Law)
Hi everyone I have been in a contested divorce battle with my husband who filed a false case of cruelty against me and abandoned me 3 years back. I got an interim order from the court which gave him some visitation and he has to pay child maintenance to me. However he is not following the orderWhile I have agreed to divorce him in Jan 2022 (as the marriage became pointless), now he is refusing to give me divorce unless I give him access which is 3x the interim order and take maintenance which is half of interim maintenance order. Therefore our case is not getting resolvedHe has also been badmouthing me to my relatives using Facebook and WhatsApp, telling them that I have separated him from his daughter. He is also going to her school to badmouth me. Can I file a defamation suit against him? nnAbove all what can I do to expedite the divorce, since we have been separated for about 3+ years and he had filed the divorce himself.
Answers (3)

Answer #1
693 votes
Hi Madam,
First of all regarding the interim order, if he is nit following it please go for contempt of court against him.
Secondly, yes you can file defamation case against him- criminal & Civil both

Thirdly try for mutual divorce.
Please call for further clarification
Thanks
Adv Dr Preeti Manderna
Helpful? LawRato LawRato

Answer #2
626 votes
Definitely U can file defamation case against him... If u r stuck in your divorce case for years than your advocate is bit slower or not so conscious about t ur file... U need to change ur Advocate. And u can file defamation case against him or if is not paying maintainance u can file execution or can attach his salary account if he is salaried person or u can also attach his property from which u can recover the maintainance.. All depend on ur advocate or the fee u pay to him..
Helpful? LawRato LawRato
Answer #3
664 votes
Hello from your query it seems your husband filed contested divorce on the ground of cruelty. It is important to know other details of the cases initiated by you like DV act or maintenance u/s 125 crpc or 498a IPC. However as per your query you can file application before court for issuing conditional warrant if maintenance is not paid to child. Regarding contested divorce filed by your husband either let it go exparte (as now you want to get divorce) or husband will withdraw the case. In case he withdraw you can file contested divorse on ground of desertion. Regarding defamation you can file civil or criminal defamation depending upon the facts and evidences.
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."