defamation in case of impotency defamation in case of impotency

5 years ago

i am 31 yr hindu male..i hv married 1 yr ago....now my wife n her relatives are defaming me orally in d society as impotent ....
1)as it is slander defamation, can i file defamation case against them? will it be effective or should i wait till they make written impotency allegations against me in d court? currently i am telling them to put a petition on the basis of impotency and get divorced....
2)what if they dont mention the impotency in divorce case and ask for divorce on other grounds? because i want to prove myself as potent...
3)consider the scenario- if she filed divorce case without mentioning impotency and my lawyer asked her in front of magistrate in the court that is your husband impotent or potent- yes or no?.... and she said that my husband is impotent....then will it be legible defamation?...will her statement in the court hv equal importance as written statement??
So plz guide me what should i do??

Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client you need file civil as well as criminal defamation complaint . if the cant put allegations of impotency in the petition than u cant raise the issue. also you can get a Colour Doppler test for better and strong evidence .
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Vidhi Samaadhaan Vidhi Samaadhaan

Prabhakara S K Shetty

Responded 5 years ago

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A.You can get a Colour Doppler test for your own satisfaction and then file an application seeking the direction of the Court for the same test, so that on getting a result in your favour you will get a ground to file suit against her for defaming you. This will also deny her divorce.
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Vidhi Samaadhaan Vidhi Samaadhaan

ROBERT D ROZARIO

Responded 5 years ago

A.Facts not clear.

1) In your writing you mentioned "currently i am telling them to put a petition on the basis of impotency and get divorced..." Why??

2) For your satisfaction get a Colour Doppler test which is a full prove potency test in men. .

3) She can say anything in her deposition but its lies with the Court to decide whether to press any charges against her or not.



How long have you been living separately? MCD can only be presented to the Court, if you both had been living separately for a period of one year or more. However, you can file a contested divorce of the ground of cruelty. As for defaming you orally in the society, file a civil and criminal defamation. Lodge a FIR/complaint with the local police station under section 500 IPC for defaming you among friends and society. At least two witnesses who have heard and willing to testify the same in the court of law, will be required to initiate a criminal proceeding. More the better.

Beside she had left her matrimonial house of her own free will without any suffie
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Vidhi Samaadhaan Vidhi Samaadhaan

Mohd Imran

Responded 5 years ago

A.you may file civil as well as criminal defamation. if the cant put allegations of impotency in the petition than u cant raise the issue. if your lawyer asks her such question than that would not be considered as defamation.
where are you from ?
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Vidhi Samaadhaan Vidhi Samaadhaan

Nirmal Chopra

Responded 5 years ago

A.U can file defamation case both civil and criminal But there are certain requirements to prove defamation. U can approach me through vidhikarya for drafting of a proper complaint and advice/advice.A complaint/ defamation case not properly prepared will fail in court.So get proper advice in this regard.
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Vidhi Samaadhaan Vidhi Samaadhaan

Ramalingaiah Mulakatte

Responded 5 years ago

A.Mutual consent divorce.
Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation.
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