Ravi Pandey
Asked September 28, 2016

Want to sue wife for defamation and character assassination

  • 1 Answer
  • 319 Views

Dear Sir, Greetings I was a geologist by profession. I do not know but somehow my wife developed the character of suspicion on me. She forced me to quit job and I am employed for over an year. She and her brothers often threat me to transfer my house in their name failing which they threat me of dire consequences. I am ready for that but at the same time I want to sue her for defaming by character assasination. I want her to prove the facts and if she succeeds I will do whatever she asks, if not then she has to compensate for my mental trauma. I am in deep depression due to her acts and even my family is in depression. They are all scared that police and law only see the tears of a women despite of her acts. I need legal advice in this context. Please guide me. 

Answer 1

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Saurabh Kumar

According to Section 499 of IPC, three elements have to be fulfilled before a defamation case can be filed-

  • Any defamatory statement has been circulated by a person with ill intention
  • This “circulation” is to be beyond the person who is being defamed and the person who is making up such stuff
  • Such “circulation” has led to loss of reputation for the victim
  •  

    But as seen in some cases- truth, mistake of fact and legally proved facts, are genuine defences to defamation[1].

     

    Therefore, if in this case , if your wife has  with “ill intention”, circulated any fact, that can be defended under the three criterions stated above, and that has led to loss of reputation for you, only then can you file a defamation case.

     

    [1] Khushwant Singh And Anr. vs Maneka Gandhi, AIR 2002 Delhi 58

     

    Agree Comment 0 Agrees almost 4 years ago

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