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Important Query regarding Defamation case
14-Sep-2023 (In Divorce Law)
My in laws along with their relatives and some other people came to my house and created a ruckus. They screamed and shouted abuses at me and my family for 2 hours. Gathered people around and said bad things about me. I work as an astrologer and this has deeply impacted my public image in my neighborhood and other people. nThey also beat me. The police did not do anything even after lodging a complain. I have eye witnesses who are ready to come to the court and give their testimony. nI already have a divorce case going with my wife which I filed last year. nnnMy question is: nWhat is the least amount of money that the court will be able to provide me from them, if I file a case of 30 lakh?nDo defamation cases actually work in India or would I be wasting my time and resources?nPlease give me honest advice.
Well;
Defamation cases work, if presented and argued in correct manner.
Depends upon facts, circumstances and damages occured, compensation shall be granted to you.
I would suggest you to get an FIR registered for
1. Unlawful Assembly
2. Criminal tresspass
3. Hurt using deadly weapons( if anything is used for beating you)
4. Attempt to murder. ( insist police to believe that you have life threats. )
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Adv. Anubha
Adv. Anubha
Delhi | 100+ Answers
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You can file either criminal defamation or civil defamation ….in civil defamation you can ask for compensation …! secondly if you have done the complaint and you have proper evidences regarding all those threats and abuse and illegal trespass then you have to hire an advocate who will file 156(3) application in the concerned court where court will direct police officer to Lodge FIR, or can peruse it as summons trail …b in touch
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Adv. D. Khan
Adv. D. Khan
Delhi | 1000+ Answers
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Hi,
Going by the limited information provided by you, it is essential to send them a legal notice telling them the loss of reputation derived from their said act, thereby asking for compensation. And to answer your question Indian Courts do take Defamation cases very seriously. The legal action may be criminal and civil depending upon what you want from them.
Fir starters Legal Notice is a viable option.
Civil action : You can claim compensation of harassment and loss of reputation.
Criminal action will put the wrongdoer behind the bars
For better understanding of the matter and advising properly, it is advised to have a meeting virtually/ physically.
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Adv. Ayush Kapur
Adv. Ayush Kapur
Delhi | 200+ Answers
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You can file civil or criminal defamation against your in laws. In civil you can claim damages and compensation. So it is better for you to file civil defamation. But in civil defamation their is prescribed timeline in which you have to file the case otherwise you can go ahead with criminal defamation.
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Adv. Sanjana Mehrotra
Adv. Sanjana Mehrotra
Delhi | 25+ Answers
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Criminal Law- It is an offence, bailable and non cognizable, which implies that it is not considered to be a serious offence. Also, your case must fall within the parameters of the provision to be considered defamation.
Civil Law- you may file a suit for damages for defamation. This is basically a claim for compensation of the loss caused on account of defamation. Loss of repute, humiliation, financial loss on account of loosing credit in the society are a few grounds for the claim and they also serve as heads for calculating the claim. Your status in the society, financial soundness, public dealings etc. are other relevant factors which will determine the extent of damages. Can it be sustained in your case? Probably, yes. Should it be instituted? Well, that's very subjective. A lot depends on you. Any claim for damages demands court fees to be paid in accordance with slabs. The more you claim, the more you pay. So, unless you win the case with costs of court fees being saddled on the defendant, you will have to forgo this amount paid initially. I hope this answers your query.
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