Court Rules: Impotency Claims in Divorce Not Defamation
The Bombay High Court ruled that accusations of impotency during divorce are not defamatory, aiding in protecting women's rights. Justice S M Modak highlighted the relevance of such claims under the Hindu Marriage Act. The court dismissed a man's defamation case, emphasizing legal process over personal allegations.
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In a landmark decision, the Bombay High Court has clarified that allegations of impotency made by a wife during divorce proceedings cannot be considered defamatory. The court emphasized that such claims are essential to protecting a woman's rights within the legal framework.
Justice S M Modak, delivering the judgment on July 17, emphasized the relevance of these allegations under the Hindu Marriage Act. He stated that a wife is justified in making such claims as part of the legal process to substantiate grounds for divorce and assert her interests.
The case arose when a man filed a defamation suit against his estranged wife, arguing her claims regarding his impotency in divorce and maintenance pleas had tarnished his reputation. However, the court dismissed the complaint, underscoring that matrimonial litigation inherently involves deeply personal issues that are not necessarily defamatory.
(With inputs from agencies.)
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