Wife’s Letter to Husband’s Superior About Cruelty Case Not Defamation, Says Calcutta High Court
The Calcutta High Court has ruled that a wife’s letter to her husband’s superior, written in good faith to inform him about a criminal complaint under Section 498A CrPC, does not count as criminal defamation under Section 499 of the Indian Penal Code.
In this case, the wife had sent a letter dated May 24, 1997, to the Manager of Indian Overseas Bank, where her husband worked as an Assistant Manager. In the letter, she stated that her husband had tortured her, forced her out of their home, and that he had been arrested and released on bail. She also included a certified copy of the court order and asked the Manager to take action as appropriate.
Justice Ananda Kumar Mukherjee observed that the woman’s claims in the letter were in line with the details of the case she had filed. He also noted that the marital relationship between the couple had broken down, and the wife was forced to leave with her minor daughter due to the abusive situation.
The court remarked that in such difficult circumstances, it was natural for the wife to inform the authorities. Writing the letter was a step to protect herself and her daughter, and it was within her legal and human rights to do so.
The court emphasized that the Ninth Exception under Section 499 IPC protects people who make truthful statements in good faith to protect themselves or others. The judge added that such communication does not qualify as defamation.
Moreover, the husband’s complaint of criminal defamation, filed 12 years later in 2009, was also found to be invalid due to limitation laws. As per Section 468 CrPC, there is a three-year limit to file such cases, and this complaint was well beyond that period.
Finally, the High Court set aside the husband’s Section 200 CrPC complaint, saying it was barred by law and continuing it would amount to abusing the legal process.
This judgment reinforces that filing a complaint or reporting abuse in good faith—even to someone’s employer—does not mean defamation, and victims have the right to protect their dignity through legal means.
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==
