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Questions by Emails

Subject

defamation case against 498a and DV case filed by Bhabi ( brother's wife)
 
 

Detailed Question

My brother wife filed case 498a and DV case against us include all family members. police were done investigation and recently submitted charge sheet to the court. I am staying in other state and doing job. in the charge sheet the police clearly mentioned that i am staying out of the home ( other state) doing job. they are expelled me from the charge sheet includes my father also.

i want to file defamation suite ( civil and criminal) against her. I am working in university as faculty.
1) is there any chance to file defamation case ( civil and criminal)
2) how much compansation i should ask in court against her and her family members
 
 

Reply


1) Replied By - Advocate Ram Krishna Dwivedi on 3rd Feb 2017 ( Total Replies - 169, Total points - 1713 )
Advocates Reply - yes you can file defamation case. It is possible only when final report accepted by court.

2) Replied By - Advocate Ajitkumar Deshpande on 3rd Feb 2017 ( Total Replies - 440, Total points - 2833 )
Advocates Reply - Yes you can succeed the case how ever let me inform more details on my mil id adv.ajitkumar@yahoo.com

also where the case is to filed ete.

Thanking you,

Yours,

Ajitkumar

Advocate

3) Replied By - Replied By - Question owner Replied on - 2nd Feb 2017
User's Reply - thank you so much for your valuable suggestion to me. Sir, i need your kind suggestions regarding my family members too. she filed DV and 498a case. She did not mentioned any dates in FIR/ complaint. even in Charge sheet also except marriage date, all matter is just a written story.

in charge sheet, she stated for 5 months we had happy life. later husband and other family members are beaten and sent to her native for extra dowry and she said that they cant afford extra dowry, and one day husband and family members are tried to kill her and she escaped from husband home and went to her native. this is the maint content of the charge sheet.

in this regard how can we fight against false DV and 498a

4) Replied By - Advocate Prabhat Shroff on 2nd Feb 2017 ( Total Replies - 49, Total points - 699 )
Advocates Reply - Yes, you can successfully file a case for defamation; provided you are able to produce all documentary evidence concerning the falsity of the case. The compensation amount is not fixed by law and will depend upon her financial status/income and other relevant factors. You can claim compensation only6 in civil proceedings and not in a criminal proceedings.

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