Allegations of impotency during divorce proceedings not defamatory, rules Bombay HC

Mumbai: The Bombay High Court has dismissed a defamation complaint filed by a man against his estranged wife, ruling that allegations of impotency made during matrimonial litigation do not amount to defamation when raised in the context of protecting one’s legal rights.

Background of the case

The complaint stemmed from statements made by the wife in divorce and maintenance proceedings under the Hindu Marriage Act, wherein she alleged that her husband was impotent. The man argued that these statements, also mentioned in an FIR she filed against him and his parents, were defamatory as they became part of the public record.

Seeking redress, he initiated a defamation complaint not only against his wife but also against her father and brother, claiming reputational damage. A sessions court had earlier directed a magistrate to conduct an inquiry into the complaint, prompting the woman and her family to approach the High Court for relief.

The court’s observations

Justice S M Modak, presiding over the matter, observed that within the framework of the Hindu Marriage Act, allegations such as impotency are directly relevant to the question of cruelty and the viability of the marriage. The court held that such statements, when made in the course of judicial proceedings, serve a legitimate purpose and are protected by law.

As reported by Live Law, the judge observed that the husband had even produced a certificate indicating that a son had been born from the marriage. However, the judge clarified that the present petition was not concerned with determining the truth or falsity of the impotency allegation, nor with assessing the husband’s ability to engage in sexual relations.

Instead, the only issue for consideration was whether the statements in question were made in bad faith and not with the genuine intention of safeguarding the interests of the person making them.

Quoting from the judgment delivered on 17 July, which was made available on the public record later that week, the court stated, “...the grounds of impotency even though may not be primarily necessary, the allegations are on the basis of incidents that took place between their matrimonial life. As such they are very much necessary. Even on a maintenance petition in order to show neglect and refusal, these allegations of impotency are as such relevant,"

Wider legal context

Under Indian law, including Section 499 of the Indian Penal Code (IPC), statements made in judicial proceedings with bona fide intent and relevance to the matter at hand are generally protected from defamation claims. Courts have repeatedly upheld this principle to avoid misuse of defamation laws as a retaliatory tool during matrimonial disputes.

For example, in a 2023 Delhi High Court case, a husband’s defamation suit against his wife was similarly dismissed after she alleged domestic abuse in her divorce petition. The court ruled that statements made in the pursuit of legal relief, even if damaging to reputation, are not inherently defamatory if they are relevant and made in good faith.

In the present case, the High Court found that the wife's claim of her husband's impotency, being one of her grounds for divorce, was neither malicious nor irrelevant. As such, it could not form the basis of a criminal defamation case.

PTI