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Divorce / False Implication

Defamation Law Discussion Forum

Divorce / False Implication

Postby Johnn » Mon Nov 28, 2016 11:05 am

Sir,

My wife has deserted me around 6 months back. She sent a lawyers note asking me to divorce her. I have not responded back. Now again she sent another lawyers note where she says that I have hacked her email and sent bad mails to her relatives to defame her. During this period I sent few SMS thru cell phone to her dad, where I asked him to arrange for mutual consent divorce as I have come to know about her doing adultery.

What do I do at this situation ? This is causing too much of tension and depression to me. I don't want to live with her anymore. I am ready to wait for 2 years and then approach court saying that she has deserted me and I want divorce. This notice says it is a warning to me. Do I have to reply to this or just keep quiet for the next 1.5 years. Regards

Vikas
Johnn
 
Posts: 61
Joined: Sun Feb 02, 2014 12:02 pm

Divorce / False Implication

Postby Piero » Mon Nov 28, 2016 6:45 pm

Sir,

My wife has deserted me around 6 months back. She sent a lawyers note asking me to divorce her. I have not responded back. Now again she sent another lawyers note where she says that I have hacked her email and sent bad mails to her relatives to defame her. During this period I sent few SMS thru cell phone to her dad, where I asked him to arrange for mutual consent divorce as I have come to know about her doing adultery.

What do I do at this situation ? This is causing too much of tension and depression to me. I don't want to live with her anymore. I am ready to wait for 2 years and then approach court saying that she has deserted me and I want divorce. This notice says it is a warning to me. Do I have to reply to this or just keep quiet for the next 1.5 years. Regards

Vikas
Piero
 
Posts: 47
Joined: Sat Mar 15, 2014 12:04 am

Divorce / False Implication

Postby Collan » Mon Dec 05, 2016 3:32 am

Dear Vikas,

Your statement that your wife has deserted is a big statement. It is also that your wife has sent a notice seeking divorce and sent another notice stating that you have hacked her emails and sent derogatory mails to her relatives is equally defamatory.

Keeping quite without responding will lead to complications and you need to reply to the notices sent by your wife's lawyer(s), with this you will also have a reason to approach the court against your wife.

The options that are available to you are as follows;

You need to reply to the notice issued by your wife's lawyer countering the allegations. If you have evidence to prove that your wife is engaged in an adulterous life, then you may proceed for divorce on the ground of adultery and desertion which will help you in bringing your wife to terms agreeing for divorce on mutual consent. The petition filed in the Family Court can be amended to mutual consent if both of you agree.

The other option is to file a criminal case for defamation against your wife that the allegation of hacking her emails has lowered your prestige in the eyes of the society and people have started terming you as hacker which is detrimental to you. Get two witnesses who can testify that they have heard your wife and her parents talking loudly in public places that you are a hacker thus defaming you.

Unless you take a brave step forward you will be put to untold misery and cases against you and forcefully taking your consent to agree for a divorce putting the blame on you, which according to you is incorrect.

In this situation you are advised to consult a good lawyer specializing in matrimonial disputes who will be able to guide you in the process of taking up the matter to its conclusive end.

I hope your query is answered.

Regards,

Javed Razack
Collan
 
Posts: 40
Joined: Sat Jan 18, 2014 9:56 am


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