Want to file for defamation against wife for filing DV case against me

930 votes

As I understand, the case is still sub judice. Law of defamation runs on a different tangent. Unless the case is decided, the ground for defamation is not made out.

You may opt to file a case of Malicious Prosecution the provision whereof is provided in criminal law.

Advocate Siddharth Jain LawRato

541 votes

Hello !!
Firstly you have what allegations/ imputations made by your wife against you.
Yes !!
You can file defamation case aganist your depending upon the allegations

Defamation case can be of civil or criminal nature

Advocate Rahul Kumar Singh LawRato

876 votes

Yes Sir, you can file a defamation case against your wife even if the DV case is under process but you will have to substantiate your claim for loss of reputation by proving that whatever your wife has said to hurt your reputation is false. Usually in DV cases, a wife makes false allegations to support her claim. If those allegations are limited to the Court then it does not amount to defamation but if she has been spreading the word in the public including your relatives harming your pride she is liable for defamation.

Advocate Manu Tripurari LawRato

504 votes

sir if your D.V case disposed off in your favor then it will automatically gives a ground to file a defamation and malicious prosecution against your wife and you can file a defamation case against your wife after that.

Advocate Jitendra Yadav LawRato

479 votes

Filing a Defamation Case Against a Spouse for False DV Allegations:

1. Legal Basis:
   • In India, defamation cases can be filed under Section 499 of the Indian Penal Code (IPC) if someone intentionally makes false statements to harm the reputation of another person.
2. Criteria for Defamation:
   • To file a defamation case against a spouse for false DV allegations, you must demonstrate that the statements made were false, malicious, and caused harm to your reputation.
3. Evidence:
   • Collect evidence that proves the false nature of the allegations, such as text messages, emails, witnesses, or any other relevant documentation.
4. Legal Process:
   • Consult with a qualified lawyer to initiate the defamation case.
   • Your lawyer will help draft a complaint outlining the false statements and their impact on your reputation.
   • The case will be filed in the appropriate court.
5. Defense:
   • Your spouse may present a defense, claiming that the allegations were made in good faith.
   • The court will assess the evidence and arguments from both sides.
6. Outcomes:
   • If the court finds in your favor, your spouse may be liable for damages as per Section 500 of the IPC.
7. Mediation:
   • In some cases, it may be advisable to explore mediation or settlement options to resolve the matter without a protracted legal battle.
8. Legal Advice:
   • It's essential to seek legal advice from an experienced lawyer who specializes in defamation cases to understand the strengths and weaknesses of your case.

It's important to note that defamation cases can be legally complex and emotionally challenging, particularly when involving family members. Consultation with a legal expert will help you assess the viability of pursuing such a case and navigate the legal process effectively.

Advocate Chikirsha Mohanty LawRato

56 votes

You may file a criminal defamation case against your wife. Do not worry about publication as the pleadings or depositions in court are considered publications. If she is found guilty, you can charge her under section 500 IPC.

Advocate Chikirsha Mohanty LawRato