Legal Question in Family Law in India

My wife got separated from me during Sep 2011 and filed a divorce petition during Oct 2012. She claimed a permanent alimony of Rs. 5 million. Case was referred for mediation wherein I refused to pay the alimony and asked her to sort out the differences with me and resume staying with me. During the process of mediation she filed a dowry harrasment complaint with the local police. I gave a statement to them stating the matter is already pending before the family court and I will abide by the judgement of Hon'ble Court. Now time has come for her to give evidence. During the last hearing, she has made a statement that she does not want any alimony from me and once again referred the matter for mediation. Please advice as to what should be my stand.

Is it possible that I can file a defamation against her for filing a false dowry harrassment case? I learn that once the matter is settled before the mediation authority, we cannot reopen the case in any forum. If I want to prefer a defamation, at what stage should I prefer?

Asked on 7/22/13, 12:57 am

1 Answer from Attorneys

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

1. It does not appear to be a fit case for pursuing defamation.

2. You should try for mediation.

Keep your cool and try to swallow your ego.

Wishing you all the best for a happy family life.

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Answered on 7/22/13, 1:56 am

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