• My wife emailed employer requesting to end my employment citing pending 498A case. Can I take legal action against wife?

My wife emailed employer HR and requested to end my employment siting pending the 498A case in court. Can i take legal action against my separated wife trying to damage my career? 

She reached out to multiple people defaming me for pending 498A case. 
I feel this is cruelty and should be addressed. 

Please let me know. 
Thank you!
Asked 27 days ago in Family Law
Religion: Hindu

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10 Answers

File complaint of criminal defamation against your wife for maligning your reputation 

 

also file civil suit for damages 

 

file for divorce on grounds of mental cruelty,

Ajay Sethi
Advocate, Mumbai
97773 Answers
7921 Consultations

  1. You can file civil suit claiming damages in terms of money for asking employer to terminate your services.
  2. A defamation cannot be filed as filing of criminal complaint in Court and intimation of such filing is not an offence as court proceedings are open to all.
  3. But such conduct amounts to cruelty as people to she intimated started to despise

Ravi Shinde
Advocate, Hyderabad
4547 Answers
42 Consultations

Yes, you can take legal action against your wife for attempting to harm your career and defaming you. Her actions, such as emailing your employer and others about a pending 498A case, may constitute defamation (Section 499 IPC) or harassment. Options include:


  1. Defamation Case: File a criminal complaint under Section 500 IPC or a civil suit for damages.

  2. Injunction: Seek a court order to stop her from further defaming you.

  3. Cruelty Claim: Cite her actions as cruelty if you are pursuing divorce.

  4. Legal Notice: Send a cease-and-desist notice warning her against such actions.

Collect evidence of her communication and consult a lawyer to proceed effectively.

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
667 Answers
3 Consultations

If she has approached your employer for this then it is your employer who has to give a fitting reply to her refusing to entertain her complaint against you because your employer is not working under her nor he is obligated to listen to her.

You cannot take any legal action against her except that you can cite this as an act of cruelty in the pleadings of your divorce petition.

T Kalaiselvan
Advocate, Vellore
87975 Answers
2369 Consultations

Yes, this is an act of defamation for which you can file case for both civil and criminal defamation. 

Devajyoti Barman
Advocate, Kolkata
23389 Answers
525 Consultations

Yes you can file defamation case against her as same is not proved that you have committed the offence of 498A. Only on FIR no company can remove you from service 

Prashant Nayak
Advocate, Mumbai
33063 Answers
215 Consultations

Yes, this amounts to bad mouthing about you.

 

Send her a cease and desist notice/legal notice through a lawyer.

Vibhanshu Srivastava
Advocate, Lucknow
9696 Answers
314 Consultations

Yes, you may have grounds to take legal action against your wife for defamation and potential harassment. If she has made statements to your employer or others that are false or misleading, and it is damaging your reputation and career, it could constitute defamation under Section 499 of the Indian Penal Code (IPC). Furthermore, the act of contacting multiple people and spreading information about the pending 498A case could be viewed as harassment, particularly if the intention is to harm your personal or professional standing.

You may consider filing a defamation suit for the harm caused by her actions. Defamation involves making false statements that harm someone's reputation, and if your wife has falsely presented your pending case in a manner that jeopardizes your career, this could fall under that category. Additionally, if her actions are causing undue mental stress or hardship, it could be considered mental cruelty, which is a ground for divorce under Section 13 of the Hindu Marriage Act (if applicable).

It's important to gather evidence of her communication with your employer and any other defamation-related actions (e.g., emails, messages, witness testimonies) to support your claim. I recommend consulting with a lawyer specialising in defamation and family law to explore the best course of action based on the facts of your case.

Thanks and Regards,
Advocate Aman Verma,
Legal Corridor

Aman Verma
Advocate, Delhi
318 Answers

1. It is a good example of an act of cruelty based on which you can file a divorce suit on the ground of cruelty.

 

2. It will help you in defending the 498a case terming it a false case filed  out of rage  to take revenge on you like the letter to your employer.

Krishna Kishore Ganguly
Advocate, Kolkata
27537 Answers
726 Consultations

- As per law, the pendency of 498A is not a ground for the cancellation of visa and termination of the job.

- Her said acts to email the HR amounts to cruelty and defamation as well., and hence you can file a complaint against her before the police and judicial magistrate . 

Mohammed Shahzad
Advocate, Delhi
14873 Answers
225 Consultations

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