• Legal advice on emotional distress/defamation case

Hello all, 

My partner married another girl last month breaking our 4 years relationship. During this situation, his sister made verbal allegations of my character which has affected my mental state a lot. She dragged my previous breakup event and even accused that whatever her brother showed towards me was mere sympathy and not love. I immediately called my ex, and repeated all the allegations which his sister made, and he said those weren't true and we both knew that it was love. I have both the call recording. Is there a way in law to sue a person for the emotional distress they caused me. These situation have affected my emotional well being and affecting my day to day life. I feel strongly that they both should be held accountable, at least to the extent of providing answers or an apology for the emotional distress caused to me.
Asked 17 days ago in Criminal Law
Religion: Other

7 answers received in 1 day.

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12 Answers

Issue legal notice to the sister to withdraw false and baseless allegations made against you and tender an unconditional apology

Ajay Sethi
Advocate, Mumbai
97519 Answers
7884 Consultations

Well after the breaking up of any relationship , earlier you move on grater is the benefit you get. The life often presents lot of allegations and it is prudent if we ignore those and move ahead.

Therefore, ignore them from now onwards and live your life on your own terms. You would find peace sooner than alter. Good luck. 

 

Devajyoti Barman
Advocate, Kolkata
23333 Answers
522 Consultations

A friend of four long years, ditching you is not worth to continue. There is no regal recourse for such an act of cruelty. Though by deceitful means or by making promise to marry, if at all, he had sex, he can be punished with imprisonment  up to ten years under Section 69 of BNS. But that will cause more distress. Just forget him, that will be an appropriate punishment  for him.

Ravi Shinde
Advocate, Hyderabad
4427 Answers
42 Consultations

You may pursue legal action for defamation or emotional distress:

  1. Defamation: If the sister's statements harmed your reputation and were made maliciously, you can file:


    • Civil Defamation: Claim monetary compensation.

    • Criminal Defamation: File under IPC Sections 499/500.

  2. Emotional Distress: File a civil suit for mental harassment or intentional harm if her actions significantly affected your well-being.

  3. Next Steps:

    • Issue a legal notice seeking an apology.
    • File a civil suit for damages or a police complaint for harassment, if applicable.

Ensure your call recordings are legally admissible. Consult a lawyer to assess the case.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
530 Answers
1 Consultation

You can take action against her bother for slander /defanation if you have evidence for the same. You can file civil as well as criminal case. First send a legal notice seeking apology to them

Prashant Nayak
Advocate, Mumbai
32876 Answers
209 Consultations

Certainly, your situation is deeply distressing, and while legal recourse may not always address emotional wounds directly, Indian law does provide remedies for defamation and intentional infliction of emotional distress under certain circumstances. Here's how you might proceed:

Legal Remedies Available

  1. Defamation:

    • Verbal allegations against your character by your partner's sister can potentially qualify as defamation under Section 499 of the Indian Penal Code (IPC), if her statements were false, made maliciously, and harmed your reputation.
    • If you can establish that these statements were communicated to others and caused reputational harm, you may file a complaint for criminal defamation under Section 500 IPC, which carries penalties including imprisonment or fines.

  2. Intentional Infliction of Emotional Distress:

    • Although India does not have specific statutes for emotional distress, courts have occasionally recognized claims under tort law where deliberate actions caused mental trauma.
    • You may consider filing a civil suit seeking damages for the mental anguish caused by their actions. However, success in such cases depends on demonstrating a clear link between their conduct and the harm suffered.

  3. Filing a Complaint for Harassment:

    • If the verbal abuse or harassment continues, you can file a complaint with the police under Section 506 IPC for criminal intimidation or under other relevant provisions protecting against harassment.

  4. Legal Notice Seeking Apology:

    • Sending a legal notice demanding an apology is a less aggressive but effective method to hold them accountable for their actions. This can often result in a resolution without prolonged litigation.

Steps to Strengthen Your Case

  1. Preserve Evidence:

    • Retain the call recordings and any other evidence that corroborates the verbal allegations or their impact on your mental health. Ensure the recordings comply with legal admissibility norms.

  2. Document Impact:

    • Maintain a record of how these events have affected your emotional and physical well-being, including medical or psychological consultation records, if applicable.

  3. Consult a Lawyer:

    • Engage a lawyer to assess the feasibility of filing a defamation suit or a civil claim for emotional distress. They can also draft and send a legal notice seeking an apology.

Conclusion

While legal proceedings can be a way to seek justice, you may also explore mediation or counselling to address the emotional impact. Litigation, especially in personal matters, can be taxing, so it is important to weigh your options carefully. If you decide to pursue legal action, having strong evidence and professional guidance will be crucial.

Feel free to reach out for further assistance.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Aman Verma
Advocate, Delhi
239 Answers

It appears that his sister has made bald allegations to you in person over phone which was not in presence of anyone.

The essential ingredients to file a defamation case are:

There must be a publication of the defamatory statement, that is to say, it must be communicated to some person other than you.

In case of slander, either there must be proof of special damages or the slander must come within the serious classes of cases in which it is actionable per se.

From your statement it can be seen that she has made verbal allegations against you only with you and not in presence of any third person which had affected your reputation or respect or dignity. 

Your boyfriend was just a friend and there is no reason for you to object he getting married to another girl in the absence of any promise to marry you or any agreement between you both.

Even if there was any agreement it is not enforceable because one cannot be forced to marry the other person if he or she is unwilling to marry.

If he or his sister have verbally abused you then you can lodge a criminal complaint against them with the local police.

Section 294 of the Indian Penal Code (IPC) explicitly classifies verbal abuse as a punishable offense. If you choose to file a complaint with the police, legal action will be initiated, typically resulting in a fine for the offender rather than imprisonment.

First of all it is not known whether you are from India and asking this question based on Indian laws. 

T Kalaiselvan
Advocate, Vellore
87721 Answers
2356 Consultations

You can file case of cheating against him if he had sex with you under promise of marriage 

 

 

2) you can also file a case of rape against him if he  had sex with you under promise of marriage

 

3) SC has held To establish rape based on a false promise, the prosecution must prove that the woman's consent was based on the promise from the beginning

 

4)  The prosecution must also prove that the promise was made with no intention to fulfill it. 

 

 

Ajay Sethi
Advocate, Mumbai
97519 Answers
7884 Consultations

Physical relationships with promise of marriage is sexual relationship with some woman with commitment of marrying her but same is not rape. Only if some money or other things taken by inducing you in this relationship you can file cheating. Everyone has knowledge that sexual relat Is happening and there is no marriage so there is no guarantee therefore a woman should not get into sexual relationship before marriage if she is not sure that he will not marry as there is always risk of breaking relationship and turning it sour

Prashant Nayak
Advocate, Mumbai
32876 Answers
209 Consultations

If you had physical relationship with him then there are chances to file a criminal complaint against him.

But for that also you may have to provide minimum evidence to establish your allegations.

The court or police will not entertain emotional feelings especially since the events are reported to have taken place at abroad.

T Kalaiselvan
Advocate, Vellore
87721 Answers
2356 Consultations

 

I'm sorry to hear about the distress you're experiencing. The situation you've described is indeed challenging, and I can provide some guidance on the legal perspectives involved, particularly in the context of Indian law, which may be applicable given your origin.

  1. Physical Relationship on the Promise of Marriage:

    • In India, engaging in a physical relationship based on the promise of marriage, followed by a refusal to marry, can sometimes be pursued legally under the accusation of cheating or fraud, particularly if you can demonstrate that the promise was made deceitfully. This is often a complex and sensitive issue and would typically require substantial evidence that the promise of marriage was not made in good faith but as a deceitful act to engage in a relationship.

  2. Legal Action for Emotional Distress and Defamation:


    • Defamation: If false statements have been made about you publicly that harm your reputation, you might consider a defamation suit. This requires the statements to be made to someone other than you and must be demonstrably false.

    • Emotional Distress: While challenging, you can pursue a claim for intentional infliction of emotional distress if the behavior of your partner and his sister was extremely outrageous and beyond the bounds of decency.

Steps You Can Take:


  • Document Everything: Keep a detailed record of all communications and encounters that can support your claims, such as texts, emails, or any other forms of correspondence.

  • Legal Notice: Sending a legal notice through a lawyer to your ex-partner and his sister might be a preliminary step, demanding cessation of defamatory statements and possibly seeking an apology.

  • Consult a Lawyer: It is crucial to consult with a lawyer who can offer specific advice based on the details of your situation and the applicable jurisdiction since you are currently abroad. The lawyer can guide you on the feasibility and process of filing a lawsuit either in India or in your current country of residence, based on where the incidents have had an impact.

Given the emotional and legal complexities of your situation, professional guidance from a lawyer will be critical. They can provide a clear understanding of your rights, the potential for success in legal proceedings, and the appropriate steps to protect yourself both legally and personally.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
530 Answers
1 Consultation

In India, a physical relationship based on the promise of marriage could have legal implications, particularly if it was induced by deceit, as it may be considered cheating under Section 420 of the Indian Penal Code (IPC). If someone made a false promise to marry and exploited your trust, you may have grounds for a complaint of cheating, provided there is sufficient evidence, such as communication or commitments made. If the other party is making allegations against you, it’s important to understand the nature of those claims and seek legal advice for appropriate defence. While personal relationships may complicate the matter, you may also explore civil options like defamation suits if false statements harm your reputation. Given the complexity of such cases, consulting with a lawyer can help guide you through the legal steps, particularly if you're abroad, to assess the best course of action based on your specific circumstances.

Thanks and Regards,
Advocate Aman Verma, Legal Corridor

Aman Verma
Advocate, Delhi
239 Answers

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