How to file defamation case on wife when she makes false allegations….
The case of defamation case must be filed after the case is over and you get a favorable order.
Any example of success of such cases?
Many clients do ask me to share case study related to successful defamation cases.
I would like to share one case of Karanataka High Court
where the wife was convicted for defamation
Facts of the Case
The husband has file RCR case against the wife and wife in her statement of objections alleges as under
“complainant does not know the name of his
daughter. The said fact clearly proves as to what was
the extent of relationship the complainant had with the
first respondent and the girl child. It shows clearly that
he has another relationship.”
“….the complainant being an addict of liquor was
torturing the first respondent in the night asking her to
dance naked since there would be no other person in the
room and when she was not doing so, he was torturing
her physically and mentally”.
“The complainant developing the attitude of
behaving at his own whims and fancies, was binging
some persons who were unknown to her and insisting
her to have physical relationship with them and to make
“since the first respondent refused to establish
the illicit relationship with third persons and sell her
character to third parties and earn money, the
complainant assaulted her on several occasions and also
attempted to kill their daughter by throttling her neck.
The court found out that definately such allegations are defamatory in nature.
But there are 9 exceptions to Section 499. One of the exception is that a statement which is made in good faith is exempted from being called as defamatory.
Section 52 IPC defines good faith.
The demand of section 52 is that the statement should be made with due care and caution.
The court has held
Admittedly, except making those statements in her
statement of objections at Ex.P-4 and reiterating it in
Ex.P-1, she has not even attempted to show that they
were the imputation of truth or that they were made in
good faith. Therefore it can be safely held that the
complainant has proved beyond reasonable doubt that
the accused has committed an offence of defamation.
Wife was Convicted and Fined