Delhi Court Declines Cognisance Of Defamation Complaint In Divorce Case

A Delhi court recently declined to take cognisance of a defamation complaint filed by a woman against her husband.

The husband had filed a divorce petition in Karnataka, citing cruelty and adultery as grounds.

The court emphasised that a person must make the allegation with the clear intention to harm the other person’s reputation to establish defamation.

Court Dismisses Allegations Of Adultery

The husband falsely alleged in the divorce petition that his wife was involved in an extramarital affair with her gym trainer.

The husband alleged she met the trainer secretly, invited him to their house when the husband was absent, and frequented hotels with him.

However, during cross-examination in the divorce proceedings, the husband failed to substantiate these adultery claims.

The court eventually granted the divorce on the grounds of cruelty.

Judicial Magistrate Rejects Defamation Complaint

Judicial Magistrate First Class (JMFC) Yashdeep Chahal dismissed the defamation complaint on May 16.

The magistrate stated that the complainant’s version lacked essential elements to prove defamation and no prima facie case existed.

The magistrate also noted concerns about the choice of Delhi as the jurisdiction for filing the complaint, hinting that it appeared to be a tactic to prolong the dispute unnecessarily.

Court Warns Against Misuse Of Criminal Law

The court observed that constitutional courts have repeatedly warned against misusing criminal law to settle civil or monetary disputes.

JMFC Chahal remarked that the complainant’s request to keep the complaint pending during ongoing settlement talks seemed aimed at maintaining pressure on the accused rather than seeking a genuine legal remedy.

For the unversed, the couple married on April 28, 2008, but their relationship deteriorated over time.

In 2020, the husband filed a divorce petition before the Family Court in Bengaluru.

In his affidavit of evidence, he cited cruelty and adultery as grounds for divorce, making specific allegations against the wife to support the adultery claim.

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