Man Defamed Wife by Making Allegations Against Her in Newspaper: Bombay High Court Upholds Divorce on Ground of Cruelty by Husband
The Bombay High Court recently observed that the wife’s reputation is lowered by the mere fact that husband has made allegations against her in a newspaper, whether or not the news report is actually defamatory.
Mumbai, April 02: The Bombay High Court recently observed that the wife’s reputation is lowered by the mere fact that husband has made allegations against her in a newspaper, whether or not the news report is actually defamatory. The court dismissed the husband's appeal against the family court's June 2021 divorce decree that dissolved the marriage for cruelty under Hindu Marriage Act, 1955.
TOI reported that the division bench of Justice RD Dhanuka and Justice MM Sathaye was dealing with a matrimonial dispute in which the husband published allegedly defamatory news about his wife in a newspaper. Delhi High Court Says Cannot Conduct Virginity Test on Accused During Investigation.
The court said that Whether the actual news is defamatory or not is irrelevant. The fact that allegations and accusations are levelled by a party (husband in this case) in a newspaper itself has an effect of lowering her reputation in the eyes of her peers and colleagues. Embarrassment is a bitter bonus.” 'Poor Labourer': Supreme Court Reduces Fine Amount of Rs 2 Lakh to Rs 50,000 of Man Convicted for Rape and Murder of Minor Girl.
The court further noted that the appellant filed criminal complaints not only against his mother-in-law before the Anti-Corruption Bureau but also against the investigating officer, the prosecutor who is a relative of the wife, as well as his wife’s current lawyer.
The court opined that such a person is difficult to deal with and would certainly cause mental harassment.
The couple married in Nashik in December 2008. The husband, a banker, used to return home late and drunk. He allegedly abused his wife daily and doubted her character.
One day he visited the police academy where she was training and created scene using filthy language in April 2011. He mortgaged her ornaments. She filed for divorce. The family court issued decree of divorce and directed the appellant to return the streedhan to his wife.
The wife's advocate had argued in court that he is opposing divorce to keep harassing her and not let her live peacefully. He said the July 2014 news published in a Marathi daily damaged her reputation and embarrassed her before her colleagues.
The court concluded that that there is a lot of bitterness between the parties, and it is not possible to reconcile the situation.
(The above story first appeared on LatestLY on Apr 02, 2023 03:18 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).