The Bombay High Court recently ruled that even if the accusations made by a spouse against their partner in a newspaper are not defamatory, it can still harm their reputation. The court made this observation while hearing a matrimonial dispute case where the husband had published allegedly defamatory news about his wife in a newspaper. The court stated that the act of making allegations against one’s spouse in a newspaper can lower their reputation and cause embarrassment, regardless of whether the news report is defamatory or not.
The Bombay High Court also noted that the appellant in the case had filed criminal complaints against not only his mother-in-law but also the investigating officer, the prosecutor (who happened to be the wife’s relative), and the current lawyer of his wife. The court stated that such a person is challenging to handle and can cause mental harassment. The court opined that a partner who goes to such an extent in a matrimonial relationship is difficult to deal with and can cause mental harassment.
The Bombay High Court upheld the family court’s decision to grant a divorce to the wife, citing the husband’s overall behavior as constituting mental cruelty. The husband, who was working at Yes Bank during the time of the marriage, was accused by his wife of daily verbal and physical abuse, including an incident where he visited her police academy and created a disturbance using obscene language. The wife’s plea also stated that the husband had mortgaged her gold ornaments and taken out loans from DNS Bank. As a result, the wife filed for divorce and lodged a police complaint under section 498-A of the Indian Penal Code, which pertains to cruelty to a spouse.
The family court had issued a divorce decree and ordered the husband to return his wife’s streedhan. Additionally, the husband’s suit for the restitution of conjugal rights was dismissed, which led to his appeal. The husband denied his wife’s allegations and claimed that the gold ornaments he mortgaged belonged to his family and were not part of his wife’s streedhan. However, the court noted that during cross-examination, the husband admitted that his wife’s mother had given her the gold ornaments, which were being held as security for loans. The court also observed that the husband had published a defamatory article about his wife in the newspaper “Divya Marathi”.
The Bombay High Court concluded that due to the significant animosity between the parties, it is impossible to reconcile the situation. Based on the evidence presented, the court held that the husband’s behavior amounted to mental cruelty and upheld the divorce decree granted by the trial court. The court also stated that whether the gold ornaments were given by the wife’s parents or in-laws, they are considered streedhan once received in marriage. As a result, the husband was directed to return his wife’s streedhan after paying the necessary loans to the bank.
Source: https://www.livelaw.in/news-updates/bombay-high-court-husband-make-newspaper-allegations-wife-lower-reputation-defamation-divorce-224951
