i received a divorce notice with false accusations and defaming me
19-Aug-2023 (In Divorce Law)
my wife residing in calicut, kerala has filed a divorce petition in family court calicut and they have sent a notice to me in delhi to attend hearing in october. our marriage was solemnized in palakkad,kerala but after that we came back to delhi as this is where i reside and work .can i file a case against her for desertion and cruelty, harrasment and defamation along with custody for child here i Delhi? should the notice be replied to? can it be transferred here or dismissed under jurisdiction?
Yes it's advisable for you to file a petition under section 9 HMA to call her back and if you also want your child then you can also file for visitation rights or his/her custody. And you need to prepare a strong reply/WS to the false allegations that she had levied on you. And as far as the transfer is concerned it can only be done through filing a transfer petition before the supreme court. For more legal assistance I am just a call away.
Can I file defamation case against my husband?
You can file criminal complaints against both your husband and that manager, for any crimes or offenses they have committed against you. You can file a defamation suit if you gather evidence that their messages have damaged your reputation and name in society.
How do you stop people from slandering you?
The recipient of a cease and desist for defamation is informed that further legal action will be taken against them if their defamatory remarks about you do not stop. The letter must clearly state the defamatory statement and the way in which it is damaging your reputation or that of your business. 24-Feb-2023
What cases can wife file against husband?
Q: What are the cases that a wife can file against her husband? Q- What cases can a wife file against her husband? A- She can file mental harassment charges against him under the following sections: section 498A IPC (cruelty), section 294 IPC (obscene language), section 354 of IPC (outraged modesty), and section 509 IPC (insulting the modesty). 09-Jan-2023
How do you overcome defamation?
Keep Calm and Evaluate the Situation. ...
Gather Evidence Online ...
Identify the Responsible Person. ...
Try to resolve the issue amicably. ...
Report the Defamatory Material ...
Take legal action.
Hello
yes you can file cases against your wife for desertion and custody. on the counter part, you don't need to give a reply of notice received by you for divorce but you have to attend the case at Kerala meanwhile you can file transfer petition for the transfer of case at delhi before the suprem court of India
yes you can file cases against your wife for desertion and custody. on the counter part, you don't need to give a reply of notice received by you for divorce but you have to attend the case at Kerala meanwhile you can file transfer petition for the transfer of case at delhi before the suprem court of India
1. If the date is really short and you cannot manage, you may attend the proceedings online.
2. The case will not be transferred to Delhi, however you have the right to file a writ petition in the Supreme Court for transfer to Delhi Courts but it will not be done I believe, because the law says where either party resides, or where marriage or solemnised, or where ever the parties have lived. But the courts will look into the convienance of your wife.
3. Surely, you can file a case for cruelty, harassment, custody, desertion in Delhi courts, I belive you must file a Criminal defamation because its a criminal matter so she will have to appear in Delhi's Court in person and she cannot just exempt herself or appear online. Because of this harassment she will perhaps negotiate with you. Even if you don't file a criminal defamation, in matrimonial disputes, courts do try to bring the parties closer and bring a workable solution by the parties themselves. So chances are things will get normal unless there is a big reason not to stay together.
2. The case will not be transferred to Delhi, however you have the right to file a writ petition in the Supreme Court for transfer to Delhi Courts but it will not be done I believe, because the law says where either party resides, or where marriage or solemnised, or where ever the parties have lived. But the courts will look into the convienance of your wife.
3. Surely, you can file a case for cruelty, harassment, custody, desertion in Delhi courts, I belive you must file a Criminal defamation because its a criminal matter so she will have to appear in Delhi's Court in person and she cannot just exempt herself or appear online. Because of this harassment she will perhaps negotiate with you. Even if you don't file a criminal defamation, in matrimonial disputes, courts do try to bring the parties closer and bring a workable solution by the parties themselves. So chances are things will get normal unless there is a big reason not to stay together.
You have to attend the court by engaging a lawyer . Meanwhile you can file a petition for restitution of conjugal rights . Both these cases are counter to each other. Once it reached evidence stage you can seek a joint trial. Try to win the restitution Case , then u can defeat the divorce Case too
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