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divorcelawyersindelhi · 2 years

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WIFE DEFAMING DUE TO MY PAST CRIMINAL RECORD

Defamation is the act of making false statements about a person which results in juring the reputation of such person. Thus defamation is making any false and unprivileged statement that has been published or is spoken deliberately, intentionally, or knowingly with an intention to damage one’s reputation.

Libel and slander- The reputation of a person is treated as his property and any harm brought to it is punishable by crime.

Defamation in the form of writing, printed or any typed material or any image is called libel.

And defaming someone by speaking against him is called slander.

Defamation law in India-

· Article 19 of the Constitution provides various freedoms to its citizens. Article 19(2) provides an exemption to freedom of speech granted under article 19(1)(a). Contempt of court, defamation, and incitement to an offense are some of the exceptions.

· In India, a suit for defamation can be filed after filing a complaint against the person making defamatory statements. Defamation could be civil or criminal, Best Criminal Lawyer In Kolkata they are explained as under-

Civil Defamation-

In civil law, defamation is punishable under the law of Torts, and damages could be awarded.

The Statement made should be false, and should be made without the consent of the party defamed.

There are certain requirements for a defamation suit-

· There should be a defamatory statement.

· The defamatory statement so made should have injured the reputation of a person or a class of person causing them to face hatred, ridicule, or contempt.

· The statement so made should mention the name of the victim or should have some particular information about him, general statements can’t be defamation.

· The statement so made shall be in written or oral form. Only when the content is made to a third person can it be called defamation.

Once these conditions are fulfilled, a defamation case can be filed. The defendant can plead that-

1.The statements made are true

2. Comments so made were fair and in the public interest.

3. Certain persons can make statements even if they are defamatory in nature.

Criminal Defamation-

Section 499 of the Indian Penal Code, 1860 defines defamation as well as its exceptions...

Words or signs made with an intention to cause harm to the reputation or with the knowledge of causing harm to the reputation is essential for defamation, How To File Defamation Case In India.

Exceptions-

· Any truth made for the public good.

· Any opinion made in good faith regarding the conduct of a public servant in the discharge of his public functions.

· Publication of true reports of the proceedings of the Court

Defamation between Spouses-

During the messy Divorce Lawyer In Kolkata, divorce process occurrence of defamation has a significant chance, when either party is willing to say or write negative comments or false details about the other.

Such harmful statements could damage the reputation and harm the chances of the person with the neighborhood or community usually leading to a civil action against the other spouse.

Elements of Defamation-

· The state should be made.

· The statement so made shall refer to the plaintiff. The reference so made can be expressed or implied. The plaintiff’s name need not be mentioned, however, he should be identified through the statement.

· The statement must be defamatory, i.e. shall result in diminishing the good reputation of the person involved.

· The intention of the wrongdoer is also necessary. When he made the statement, he was aware of the consequences such statements would have on the victim, as how such statements would affect his reputation.

· The statement shall be published, i.e. the information shall be passed on to a third party. In the case of Mahendra Ram v Harnandan Prasad, the defendant was held liable as he sent a defamatory letter to the plaintiff in Urdu, knowing that some other person would read the letter to him as he could not understand the language.

· The third party believes such a defamatory statement to be true.

· The statement so made has harmed or injured the plaintiff in some way. For example, it has affected his goodwill in society or has affected him professionally in some way.

If the ex-wife makes a defamatory statement-

In case your spouse makes a defamatory statement about you after divorce, which is not true per se (such statement), you can file a defamation suit against her/him. You can seek professional advice related to the same to ask for legal compensation. However, it is necessary to understand that the defamatory statement so made shall be false and shall have affected your good reputation in society.

Lead India provides a team of advocates, who have huge experience in successfully handling cases involving civil as well as criminal defamation cases.

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Divorce Lawyer In Kolkata, Best Criminal Lawyer In Kolkata, How To File Defamation Case In India

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divorcelawyersindelhi · 2 years

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HOW TO PROTECT MYSELF FROM MY EX-IN-LAWS?

Separation in marriage could be stressful and could have a negative impact on your emotional state as well as could also affect your personal as well as social life. During this period if even the in-laws and partner behaves unreasonably and do unthinkable things it would be impossible to have a peaceful separation. Hence, it would be better if some precautions are taken if the relationship is going towards a bitter end.

In India, the law has provisions which help a person in such situations where the in- laws are a threat to the physical as well as mental well being of a person. In such situations, it would be justified to seek advice from the Best Advocate In Delhi and take some precautions against these relatives. The following article deals with the same:

Important Documents- All the important documents should be kept in some safe space, it could include the financial documents, passports (of children as well), etc.

Valuable articles- your valuable things should also be kept away from your in-law's reach, so that to hurt you these are not used by them.

Banking institutions should be notified- If there is a joint account, the ex-partner may withdraw a large part of it without your knowledge, it would be advisable to talk to the manager so that the signature of both parties should be used for any withdrawal from such an account.

Passwords- If the relationship has ended on bad terms, it would be prudent to change the passwords of your Bank PIN numbers, as well as any other passcode or password you shared with your partner, for example of any property under your name or for your online banking etc. Also the password for your social media accounts should also be changed.

Will- If you have already prepared your will and your partner is a beneficiary in it, it should be removed from your will or any other document where your partner was one of the beneficiaries (eg. Insurance policies), as even after separation your will shall remain unchanged and your ex-partner would still remain one of the beneficiaries.

Power of Attorney- If you have transferred any power of attorney, it would be wise to revoke it as early as possible.

Note down everything- You should try to record any correspondence with the ex. It will be useful to keep an account of every event which took place after the separation.

Best Interest of Children should be a priority- Divorce is your own decision, However, the one party who is going to be impacted by it the most is the child from such union. Hence, it's the duty of both partners to minimize the harm which would be brought to the children of such separation and to try to keep some peace in the relationship.

Legal Advice- If you have decided to finally separate from your partner, it would be helpful if you contact the Best Divorce Lawyer In Delhi, as the legal ins and outs are not known to a common man and it would be useful to have some legal insight.

In Conclusion, it can be said that, if the relationship is turning bitter and it's not possible to continue the relationship, it would be better to be in continuous contact with the Best Criminal Lawyer In Delhi, as precautions have to be taken against your partner as well as your in-laws if the situation demands so.

Lead India helps deal with issues related to issues such as divorce, domestic violence, etc. We have a dedicated team of experienced lawyers who specialize in these legal issues and could provide you with timely advice as well as legal assistance in procedure involved.