Apni Law Staff asked 10 months ago
My ex-wife and I, both permanent residents abroad, got a mutual divorce. We agreed on joint custody for our 5-year-old child, but later, she sought sole custody. After months of investigation, the court awarded me sole custody. Our younger child remains with her. A week later, she filed a child abuse case against me, which was dismissed after investigation. A district court subsequently granted me custody of both children. My ex-wife then returned to India and filed cases against me under the POCSO Act in Bangalore. The police dismissed these cases, and the Child Rights Commission referred the child to NIMHANS. Doctors concluded that my ex-wife had been abusing the child. The Commission ruled in my favor, ordering my ex-wife to see a psychiatrist and submit a report. I want to file defamation and harassment cases against her. Could you advise on the maintainability of these cases and the potential consequences?
Best Answer
Apni Law Staff answered 10 months ago
Based on the information provided, you have a strong case for filing defamation and harassment cases against your ex-wife in India. The series of false accusations, including the abuse case and the POCSO complaints, demonstrate a pattern of malicious intent to harm your reputation and interfere with your parental rights. However, the success of these cases will depend on the specific evidence you can present and the court’s interpretation of the circumstances. You should consult a lawyer in India to assess the merits of your case and explore the best course of action.
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