is manhani case applicable if sister in law blackmailing fr old photos

78 votes

Defamation case can be filed against any individual, if you are able to show that you have been defamed.

In your case, since the defamation has not yet happened, you cant file a defamation case. Moreover, criminal defamation is pending consideration before the Supreme Court, so you won't get any luck in that, better you opt for civil defamation, but at best, you can claim damages for loss of reputation (money) but only when she publishes it.

At present, you can go for a simple injunctive suit, claiming that she be restrained from publishing those photos, and you should be given custody of them.   

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LawRato LawRato

645 votes

You can go for a case of defamation only when your sister in-law publishes your photographes because the burden of proof lies on your shoulder to prove that because of the contents published,your reputation has been dented..

Advocate Abhijat Pratap Singh LawRato

731 votes

defamation case can be filed against any individual, if you are able to show that you have been defamed. In your case, since the defamation has not yet happened, you cant file a defamation case. Moreover, criminal defamation is pending consideration before the Supreme Court, so you won't get any luck in that, better you opt for civil defamation, but at best, you can claim damages for loss of reputation (money) but only when she publishes it. You can go for a simple injunctive suit, claiming that she be restrained from publishing those photos, and you should be given custody of them.

Advocate Imran Ibrahim LawRato

930 votes

No you cannot file a defamation suit until some action for defamation has already been taken, although this is a perfect case of Blackmailing and you should file a criminal case and should do mention the scat that she is trying to break your marriage due to these older pictures whxich were your past.

Advocate Atulay Nehra LawRato