It may be difficult for you to succeed in the defamation case under Section 500 IPC against your wife in the face of the facts stated by you.
Defamation is defined under Section 499 of the IPC.
As per the 8th Exception to Section 499 IPC, the allegation made by your wife in a divorce proceeding before the competent court may be protected from being a defamation; so it may not amount to defamation in law. Only thing that may have to be seen is whether she made such accusation against you in good faith to win her case or with the mala fide intention of defaming you. In view of this, your chances of success in such a case are not very bright. This Exception is reproduced below (please also see the Illustration given below this Exception):
“Eighth Exception.—Accusation preferred in good faith to authorised person.—It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation.
Illustration
If A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z’s master; if A in good faith complains of the conduct of Z, a child, to Z’s father—A is within this exception.”
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. List of his YouTube Videos.
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