• Regarding defamation case.

I wanted to know is it possible to put a defamation case based on what my wife has said to people against me and also shown my anger videos to people, she says i watch porn all day to people which is not true, she said that i have a phyciatric problem to people which is also not true. She said many other things also against me to defame my name in fornt of people. my lawyer says for wife saying wrong things against me to people doesnt make it a defamation case. I am confused right now regarding this matter.
Asked 5 months ago in Family Law
Religion: Christian

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8 Answers

You can issue legal notice to wife to withdraw false and defamatory statements made against you 

 

if she refuses to do so you can  file case of defamation against your wife under section 500 of IPC 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

In the case of Smt. Madhuri Mukund Chitnis Vs. Mukund Martand Chitnis and another reported in MANU/MH/0120/1990 : 1990 CRL. L.J. 2084, the Bombay High Court was pleased to observe that, the imputations made in a proceeding which is filed in a Court is clearly a publication. It further observed that even a publication to an authority over the person against whom the imputations are made must be held to be sufficient publication which falls within the purview of the said Section 499 of IPC.

2) you can use DV case allegations to file case against wife 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

- Under sections 500 of the Indian Penal Code, defamation is a criminal offence.

- Further, defamatory acts can include “words either spoken or intended to be read", signs or visible representations, which are published or put up in the public domain. The offence is punishable with up to two years imprisonment, a fine or both.

- In the legal sense, both husband and wife are one person and the communication of a defamatory matter from the husband to the wife or vice versa is no publication and will not come within the purview of section 499 & 500.

- Further , the Section 122 of the Indian Evidence Act 1872 deals with privileged communications between husband and wife and makes them out of the scope of section 499 i.e. Defamation, except in suits between married persons, or in a proceeding in which one married person is prosecuted for any crime committed against the other.

- However, if she is making the said allegations publicly then it will come under the defamation 

- Karnataka High Court has convicted a woman under section 500 of Indian Penal Code, 1860 on the finding that the statements made by her against her husband before the Family Court in a matrimonial case amounted to 'criminal defamation.

- Hence you can file a complaint against her for the said defamation acts. 

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

Dear client,

As per section 499 and 500 of IPC it states that any person who is guilty of defamation another shall be punished with simple imprisonment for a term which may extend to 2 years or with fine or with both. 

Defamation is a legal term referring to any remark that damages an individual's reputation.

There are two categories of defamation: libel (written remarks) and slander (spoken remarks). To prove a defamation case, specific criteria typically need to be satisfied.

False Statement: The remark must be untrue. Truth serves as a defense against defamation.
Publication: The remark must be communicated to someone other than the person being defamed.
Injury: The remark must harm the subject's reputation.
Unprivileged: The remark must not be protected by any legal privilege (e.g., in some instances, statements made during legal proceedings are privileged).

Although statements made during legal proceedings are typically protected by privilege, false allegations made outside of court may serve as grounds for a defamation claim. Seeking advice from an lawyer in both defamation and family law will offer the most suitable guidance for your specific circumstances.

Thank you.

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

Defamation in simple words is nothing but to insult someone's reputation in society. Its important to understand the Laws relating to defamation to ensure that one's reputation is protected and also the freedom of speech is balanced.

Courts have given great importance to truth as a defense in defamation cases. The defamation should be seen from the view of right thinking person.

To exercise the rights, one should prove that there was publication of false statement, its impact on his reputation and it should be false and also not in public interest.

Under a criminal suit, intention to defame is necessary. The allegation should be made with malice intent to defame another or at least the knowledge that the publication is likely to defame another is essential. It has to be proved beyond reasonable doubt that the act was being done to lower the reputation of another.

  • Statements made about the character of character is not defamation if it is made in order to protect the interests of the person making it, or any other person, or for the public good.

Reputation is an asset to each and every one. Any damage to such asset can be legally dealt with. Defamation laws have been enacted to prevent person maliciously using their right to freedom of speech and expression.

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

Imputation made in good faith by person for protection of his or other’s interests.-It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good.

However if yo feel that it is defaming your reputation, you first issue a legal notice and then follow it up with a criminal complaint.

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

Yes if the contents are defamatory then you can file

Prashant Nayak
Advocate, Mumbai
32479 Answers
200 Consultations

 

  • Defamation: In India, defamation can be both a civil wrong and a criminal offense. It is defined as making a false statement that harms the reputation of a person. Your wife's statements about your mental health, porn habits, and other untrue allegations could potentially fall under this definition.

  • Proof of Defamation: To establish a defamation case, you need to prove that the statements were:

    • False
    • Published (communicated to a third party)
    • Caused harm to your reputation

  • Husband-Wife Privilege: Your lawyer is likely referring to the legal concept of "spousal privilege" or "marital communication privilege." This principle, in some jurisdictions, protects confidential communications between spouses from being used as evidence in court. However, this privilege doesn't apply to communications made in the presence of third parties.

  • Third-Party Disclosure: If your wife made these defamatory statements to other people, it removes the spousal privilege and potentially strengthens your case for defamation.

  • Evidence: Gather evidence to support your claim. This could include:

    • Witness testimonies from people who heard the defamatory statements.
    • Any written or recorded evidence of the statements.
    • Proof that the statements are false (e.g., medical records to refute mental health claims).

  • Civil vs. Criminal Defamation: You can file a civil defamation suit for damages or a criminal defamation complaint, seeking punishment for your wife. Your lawyer can help you decide which route is best suited for your case

 

Romesh Pratap Singh
Advocate, Gwalior
23 Answers

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