Bombay High Court: Allegations in Matrimonial Proceedings Not Defamation

The Bombay High Court ruled that a woman alleging her husband's impotency in matrimonial proceedings does not constitute defamation since these allegations are relevant for protecting her interests. The court dismissed the man's complaint against his estranged wife, holding such claims justified in the context of seeking divorce.

In a significant ruling, the Bombay High Court has clarified that allegations made by a woman regarding her husband's impotency during matrimonial proceedings do not amount to defamation. The court emphasized that such claims are pertinent when made to protect the woman's interests.

Justice S M Modak highlighted that within the context of a Hindu Marriage Act petition, claims of impotency are highly relevant and cannot be deemed defamatory. The bench thus dismissed the man's defamation complaint against his estranged wife.

The court underscored that the woman was within her rights to allege impotency as evidence of cruelty, a claim necessary for divorce. This judgment came as the high court reviewed documents indicating such allegations were part of public records.

(With inputs from agencies.)