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Defamation Case Based On Difference In 498a And Dv Complaint


13-Jun-2025 (In Domestic Violence Law)
Can a defamation case be filed based on changes in allegations in dv case which were not present in original 498 a complaint for same time period. Based on contradiction in dv complaint and 498a..can defamation be filed ?
Answers (5)

Answer #1
707 votes
Do seek a detailed legal Consultation from a lawyer having expertise in matrimonial cases. Defamation cannot be filed and Would not be prudent at This point in time. However an reply needs to be filed and highlighted to the Court.
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Answer #2
590 votes
Yes...you can always file a defamation complaint under section 356 BNS if there's a contradiction between the statements filed by the opposite party. And if there's no scope of living together then rather stretching the relationship it's always better to apply for mutual divorce.
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Answer #3
846 votes
No defamation can't be filed in such a case as court will consider it to be matter sub judice . Instead a better option shall be to file perjury based on the false submission of Affidavit in court. You can get in touch for more details
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Answer #4
521 votes
Necessarily no. But once you are free from the case, you can definitely file a suit for malicious prosecution seeking damages ans in the alternative a criminal complaint seeking registration of the charges for giving false statements before the court which is a punishable offense.
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Answer #5
811 votes
I am Advocate Sumit Yadav, and we are a team of 10 advocates operating across India. To assist you effectively and guide you toward the appropriate legal remedies, I would need more information regarding your case. Kindly share the relevant details at your earliest convenience. Hope to hear from you soon.
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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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