A Delhi District court has ordered the payment of damages by wife to ex-husband for defamation.

The facts of the case were that the Plaintiff and the Defendant were married in 2001.The defendant left the matrimonial home in 2009 with her minor daughter and subsequently did not let the husband interact with the daughter.Then the defendant started multiple litigations against her husband.

The Plaintiff filed a petition for divorce which was decreed in 2021.

The Plaintiff led evidence to the effect that the Defendant used defamatory language in her chats with her friends and emails to the maternal uncle.The allegation was that due to the continuous harassment , the Plaintiff had to undergo surgery and was also ostracised by society.

The Court held that the defamation should be published and the statement must refer to the Plaintiff.The defences against defamation are the statement is the truth and that it is published in good faith or for public good.The Hon’ble Supreme Court has held that the right to reputation is integral to the right to life enshrined in Art.21 of the Constitution.

The law on defamation serves to protect people from injury to their reputation and to prevent unfair speech.

The court held that the defamation to the plaintiff was a direct consequence of the statement of the Defendant.The Court decided the charges in favour of the Plaintiff and against the defendant and ordered the defendant to pay 15,00,000/- as damages due to the defamation caused by the Defendant to the Plaintiff.

Read detailed order below:

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record (AOR) in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.