Hyderabad: Women who have been divorced by their husbands with a ‘talaq’ notice levelling unproven defamatory allegations against them (in newspapers or sent to their homes), can now file defamation cases against their ex-husbands. Those abetting them, say lawyers, can also be included.
“Both —a criminal case and a civil defamation suit, can be filed against the husband or his family members or any other person who abets them. “In a criminal case, the police will investigate and initiate necessary action while in a civil case, the complainant can demand compensation for the damage done to the reputation of a spouse,” said Supreme Court advocate, Mr Shafeeq Rehman Mahajir.
After issuing a divorce, men usually send a legal notice informing the women about it. At the same time, they also place advertisements in newspapers or send the notice directly to her family. “Generally, the notice contains defamatory allegations against the woman and her family members, tarnishing their image in society. Irreparable damage is caused, apart from the mental agony,” said, Ms Jameela Nishath, a women’s activist.
“Section 499 of the Indian Penal Code deals with defamation. Whenever a complaint is submitted along with some evidence to the police, the officials concerned must register a case and investigate it,” said, High Court advocate, Mr Abu Baker.
“A woman who wants to claim damages, can approach the civil courts and file a case. The quantum of damage depends upon the status of the victim defamed. It can also be filed in another country, if the said notice is sent through an e-format or a hard copy and is read there,” Mr Mahajir explained. High Court advocate, Mr Khaja Aijazuddin says that the party can claim any amount of compensation in the suit. “Even if the ‘talaq’ notice was made public several months or years ago, cases can still be filed now,” Mr Aijazuddin added.
