Defamation lawsuit against father in law, regarding 498A

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 1 month, 1 week ago.

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  • #4700

    ravi gupta
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    Hi Tilakmarg team,
    I came here searching for an answer regarding a defamation lawsuit, which I want to file against my father in law. Me an my wife has been married for 5 years now, I have a 3 year old son. My in-laws (including sisters, brother and parents of my wife) have been trying hard since the inception of my marriage to provoke and misguide my wife against my family. So that I get separated from them with my wife. So, I told my wife not to talk to them and she is doing so. Now 6 months after she stopped talking to them, I came to know from a 3rd person that there is a news in a popular daily news paper in the area that “Me and my whole family tortures my wife and they have filed a 498A FIR” against me and my whole family. My wife is living with me and she has nothing to do with the FIR.
    Charge sheet has not been filed yet, matter is before family welfare committee. Also I got anticipatory bail based on my wife’s statement before honorable court that the FIR filed by her father is not correct and is false. Me and my father were named in the article in the newspaper.
    My wife is ready to tell concerned authorities that this is a false FIR against me and my family. Can I file for a defamation case against my father in law, and what are my chances to win this.

    Can they (my in-laws) defend this defamation case, does their conduct comes within any of the exceptions mentioned in the IPC sections for Defamation?

    Please advise, thanks in advance for the help.

  • #4705

    Previously I have answered a similar question which is available at the link: Defamation case for false 498A IPC case filed by wife. Please read that as it mostly covers your question, including the relevant exception contained in the definition of defamation under Section 499 IPC.

    Secondly, whether a case of defamation is made out will depend on the detailed facts of an individual case. It cannot be generalised. You may please consult some local lawyer by showing him your relevant documents / details, and if so advised, you can file a defamation case against your father-in-law.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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