Calcutta High Court Fines Wife ₹1 Lakh for Making False Allegations Against Husband in Newspaper
In a significant ruling, the Calcutta High Court has directed a woman to pay ₹1 lakh to her husband as compensation for defamation. The wife had published a notice in The Daily Telegram, wrongly accusing her husband of planning to marry another woman while still married to her.
The court found that the wife could not prove her claim of an affair or name the woman allegedly involved. As a result, the husband filed a libel suit, seeking ₹50 lakh in damages from both his wife and the newspaper’s editor.
Justice Supratim Bhattacharya, who heard the case, stated that the damages were fair since the wife, a draughtsman in the APWD department in Port Blair, caused emotional distress to her husband, Ramchander.
Background of the Case
The wife had twice published notices in a widely circulated newspaper, claiming her husband was entering into a second marriage. However, during the legal proceedings, she admitted she had no real evidence or the name of the woman she suspected.
Court’s Observations
The court clarified that in a defamation case, what matters is whether the statement clearly refers to the person, not whether the accused intended to defame them.
Justice Bhattacharya emphasized that spreading false information can cause serious damage to a person’s dignity, which is protected under Article 21 of the Constitution of India.
Although the newspaper editor, Asheem Poddar, was initially included in the case, the court found he had no role in verifying the notice, which was a paid advertisement. Therefore, he was not held responsible.
Court’s Decision
The court modified the previous order and ruled that the wife must pay ₹1 lakh to her husband within three months. It also highlighted that while tort law cannot imprison someone, it allows for monetary damages to deter false claims and protect individuals’ reputations.
The appeal was allowed, and the court concluded that the wife had indeed defamed her husband without evidence.
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