Indulging in defamation is serious crime:
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Inability to prove his allegations that his wife committed adultery has cost a
Thane resident dear. The Bombay High Court recently upheld conviction, sentence
and compensation orders passed against a man in a defamation case filed by his
wife.
The orders passed by the lower courts “did not suffer from any illegality or perversity requiring any interference,” said Justice S C Dharmadhikari of the High Court, dismissing the husband’s appeal.
The husband, now 50 years old, was pronounced guilty of defaming his wife and sentenced to two months’ simple imprisonment by a Magistrate’s court in December 2007. He was also directed to pay Rs 3,000 to his wife as compensation. He moved the Sessions Court against this order, but his challenge was dismissed exactly a year ago.
Thecasestartedwiththehusbandfi
The wife received a copy of the petition in December that year and was shocked to read the allegations. The petition said: “Despite all efforts made by the husband and paying monthly maintenance regularly, the wife was residing at her parents place. Her conduct was such that she has been having illicit relations with third persons. There are several people who have seen her having such illicit relations.”
It also alleged that when the husband got to know of all this and confronted his wife, she told him it was her wish and individual decision to have physical relations with whomever she chose and that was none of his concern.
The wife served a legal notice on the husband fordefamingherinJanuary1996its
In her complaint the wife said that since she was illiterate, the complaint was read out to her by her brother and another person. Gradually, all her relatives and the locality in which she lived got to know about the allegations and they started distancing themselves from her. Some other people started teasing her as well.
While her defamation case was pending before the Magistrate’s court, the husband’s petition seeking divorce on grounds of adultery was dismissed, with the court specifically observing that he was unable to prove his allegations of adultery against the wife.
In the High Court, the husband argued that he had made the allegations in good faith. But AdvocateShrikantYadav,
Yadav also pointed out that the husband, though citing a specific incident, never approached the police with a complaint. He also failed to bring even a single witness in support of the allegations made by him. The High Court accepted these submissions and rejected the husband’spetition.
The orders passed by the lower courts “did not suffer from any illegality or perversity requiring any interference,” said Justice S C Dharmadhikari of the High Court, dismissing the husband’s appeal.
The husband, now 50 years old, was pronounced guilty of defaming his wife and sentenced to two months’ simple imprisonment by a Magistrate’s court in December 2007. He was also directed to pay Rs 3,000 to his wife as compensation. He moved the Sessions Court against this order, but his challenge was dismissed exactly a year ago.
Thecasestartedwiththehusbandfi
The wife received a copy of the petition in December that year and was shocked to read the allegations. The petition said: “Despite all efforts made by the husband and paying monthly maintenance regularly, the wife was residing at her parents place. Her conduct was such that she has been having illicit relations with third persons. There are several people who have seen her having such illicit relations.”
It also alleged that when the husband got to know of all this and confronted his wife, she told him it was her wish and individual decision to have physical relations with whomever she chose and that was none of his concern.
The wife served a legal notice on the husband fordefamingherinJanuary1996its
In her complaint the wife said that since she was illiterate, the complaint was read out to her by her brother and another person. Gradually, all her relatives and the locality in which she lived got to know about the allegations and they started distancing themselves from her. Some other people started teasing her as well.
While her defamation case was pending before the Magistrate’s court, the husband’s petition seeking divorce on grounds of adultery was dismissed, with the court specifically observing that he was unable to prove his allegations of adultery against the wife.
In the High Court, the husband argued that he had made the allegations in good faith. But AdvocateShrikantYadav,
Yadav also pointed out that the husband, though citing a specific incident, never approached the police with a complaint. He also failed to bring even a single witness in support of the allegations made by him. The High Court accepted these submissions and rejected the husband’spetition.
 | Hc convicts husband for false charges of adultery, in divorce petition..pdf 172K View Download |
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