The Bombay High Court recently ruled in Matrimonial Disputes. Allegations of impotency were made by a wife against her husband during litigation. These allegations are not considered defamatory. They are protected under the ninth exception to Section 499 of the Indian Penal Code (IPC) [P v VIG].
Justice SM Modak observed that allegations arising in the context of divorce or maintenance proceedings are relevant. They are made in good faith to support the wife’s case.
“The court feels that when the litigation is between both spouses, it arises out of a matrimonial relationship. In such cases, the wife is justified in making those allegations to support her interest.” The Court held this view, adding that there was no judicial finding to the contrary.
The case stemmed from the husband’s defamation complaint against his wife. She had made remarks about his sexual potency in divorce and maintenance cases. She also made similar remarks in an FIR. The Magistrate had dismissed the complaint. However, the Sessions Court ordered a fresh inquiry under Section 202 CrPC. This prompted the wife to approach the High Court.
The High Court quashed the remand order. It found the allegations to be directly tied to issues like cruelty and neglect under the Hindu Marriage Act. It emphasized that the imputations were part of legal pleadings and thus protected by law.
Justice Modak further observed that even in maintenance petitions, such allegations may be relevant. They can demonstrate the husband’s neglect or refusal to support.
The Court noted that the Sessions Court did not provide adequate reasoning. This occurred before the court remanded the case for inquiry. The Court set aside the order, effectively dismissing the husband’s complaint.
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