The Calcutta High Court has directed a wife to pay ₹1 lakh in damages to her husband after she falsely accused him of planning a second marriage and published the claim in a newspaper.
The wife had published notices in The Daily Telegram, alleging that her husband was trying to remarry during the subsistence of their marriage. The husband then filed a defamation suit against his wife and the newspaper’s editor, seeking ₹50 lakh in damages.
Justice Supratim Bhattacharya, hearing the case, ruled that the allegations were unproven and defamatory. The Court noted that the wife failed to provide any evidence of her husband’s alleged relationship or even name the woman he was supposedly marrying.
The Court stated that defamation causes serious emotional distress and damages a person’s dignity, which is protected under Article 21 of the Constitution. It observed that while the law of torts cannot send someone to jail, it can award damages to discourage the spread of false accusations.
The judge highlighted that the damages of ₹1 lakh were reasonable, considering the wife’s employment as a Draughtsman in the Andaman and Nicobar Islands’ APWD department.
The Court also clarified that the newspaper editor was not liable since the publication of notices is a paid service and the editor is not required to verify the truth of each notice.
As a result, the Court modified the lower court’s order and directed the wife to pay ₹1 lakh to her husband, Ramchander, within three months.
Case Title: A v. R & Anr. (SA 7 of 2024)
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==