Me and my wife are going through a dispute. She went back to her parents place. Then suddenly there was a wave of defamation talks about: me having relationship with other girls and that being the root of our dispute etc. However that is not true. The talks were so random and from many people including my in-laws, that I couldn't blame any one particularly. We live in a small town where such talks spread quite fast. The situation is really tense for me and my family now. And it also made our personal matters worse. We were able to record a phone call where one of my in-law claimed that 4-5 people told him about: me having relationship with other girls and that being the root of our dispute etc. He is not claiming it to be true directly, but I feel he was actual trying to spread it indirectly. Can I do anything legally based on that call recording, to get to the root?
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Sir if there is no particular people you can identify in a defamation case nothing particularly can be done.
But you can at same time file.suit.of defamation and criminal case of defamation against in-laws under section 499 ipc for defamation if they are people involved and evidence against them.can be found.
File a Civil Suit for which notice is required before filling plaint, and Criminal complaint on the grounds of defamation, you have to establish the following
1. Existence/ publication of an imputation made by a person
2. Such works should be spoken or written or made through visible representation
3. It should have made to injure or having knowledge to believe that such word would injure the reputation of person.
If you can provide evidence that such letter has caused harm to your reputation you may sue the person
Issue legal notice to in laws to withdraw false and defamatory allegations made against you
2) if they refuse file complaint of criminal defamation against in laws under section 500 of IPC
1, Any derogatory wanton statement made with intention to belittle the image of the person in the public to ruin his reputation personally and professionally is defamation which can be done both by orally or by writing.
2. The acts if defamation is an actionable wrong which can be remedied both under civil and criminal jurisprudence.
3. So of you wish you can file civil suit for defamation seeking monetary compensation and criminal case of defamation seeking punishment of the culprits.
Firslty, Sir, in the family dispute it is very diffficult to put defamation on the other side.
Secondly, it is necessary for the other to defame you in the public domain.
Thirdly, in your case you can very well use that phone call as it can prove that he is public ally trying to defame you by saying all these bulshit.
Fourthly, they have to prove by way of an avidence that you are in adultery which they may not be.
What do you mean by getting to the root? Based on this phone call, you can send this relative, and the other's whom he based on phone, a legal notice seeking compensation in lieu of damage caused to your reputation due to their bad mouthing.
In case they fail to pay up in compliance with the legal notice, file a defamation complaint against all of them.
it is advisable to file a defamation case against your inlaws under section 500 IPC. U may approach your wife and speak with her as to the cause of defamation etc. moreover a legal notice can be issued asking them to stop and compensate your for the defamatory statements made by them on a call.
Hello,
For the facts as stated by you, a case of defamation will be a weak case as the ingredients of the same are not satisfied. You may go ahead and file a case of criminal intimidation.
Regards
hello
a complaint about defamation can be filed against the guilty who are spreading lies against you before the magistrate. the magistrate will summon the defendants and in case he/she finds the complaint genuine, he will order to register the FIR and start an investigation. you have ample evidence to proceed ahead.
regards
Instead of doing any deformation cases and urine loss it will be a better ideato go for any agreement and save marriage if possible.
In case there is no chance to save the marriage then you can move to file a divorce petition on the basis of desertion cruelity and non compatibility in the family court
This is my response to you:
1. You must know that if the rumour if proved to be true does not amount to defamation;
2. Therefore if this rumour is false then you civil as well as criminal remedy;
3. Take the audio recording and burn it into CD and go the police station;
4. File a police complaint against those people who have been spreading these rumours;
5. Also approach the civil court file a defamation case and claim compensation from the other side;
6. The compensation will be on the basis of the loss of reputation and the mental torture faced by you;
7. Take steps immediately otherwise the period of limitation is running against you.
Those 4-5 people to whom defamatory imputation was attributed are not identifiable. In criminal law you cannot prosecute a person who is not identified. So first identify the persons who made defamatory insinuations against you and then file the criminal complaint under Section 500 IPC.
You cannot initiate any legal action on the basis of some vague information and false rumours about it.
You have to produce substantial evidence before court to prove defamatory words that were used against you.
