Nitish Banka

    • Defamation Case-If Wife Makes False Allegations….

    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
    money.”
    “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.

    Conclusion

    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

    Judgement Link

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