Calcutta HC Directs Wife To Pay ₹1 Lakh To Husband For Defaming Him By Making False Allegations Of Remarriage In Newspaper

The Calcutta High Court's circuit bench at Port Blair has directed a woman to pay Rs 1 lakh to her husband for allegedly defaming him by posting a public notice on his alleged remarriage in a local newspaper, without any evidence to that effect.

Justice Supratim Bhattcharya held: Thus Smti Ananta has neither revealed the source of obtaining the information nor she has been able to name the girl with whom she has implicated her husband (Ramchander). From the aforementioned discussion it transpires that the notices were referred to the plaintiff that is Ramchander and the statements were published in a daily newspaper which is circulated in the Andaman and Nicobar Islands. Through the notices it is clear that the appellant/wife has admitted the fact that the notices were published targeting her husband, that is Ramchander and from the notices it also transpires that therein allegations were made as regards to second marriage by Ramchander in spite of having subsistence of first marriage. This according to a prudent man is nothing but a statement degrading the goodwill or reputation of a person.

Facts of the case

The husband namely Ramachander, was working as Assistant Engineer (Electrical) in the Port Blair Municipal Council while the defendant No.1/ wife is working as Draughtssman, APWD department under Andaman & Nicobar Administration, Port Blair.

The Marriage between Sri Ramchander and Smti Ananta took place on 02.03.1994 and as a result of the said wedlock a male child has taken birth on 24.01.1996. Thereafter the matrimonial tie got gradually slacken and ultimately a Matrimonial Suit being No. 27 of 2005 was instituted by the husband namely Ramachander against his wife namely Smti Ananta on the ground of cruelty and desertion.

The said matrimonial suit was decreed by the Trial Court against which the wife preferred an appeal being FA 03 of 2008 which was allowed by an Division Bench of this Court by setting aside the judgment and decree of dissolution of marriage passed by the Trial Court.

During this period, the wife published a notice, in a daily newspaper namely “The Daily Telegram” which is circulated in the said island, on two days that is on 03.12.2008 and 05.12.2008. The said notice which was published on the aforesaid two dates alleged that Ramchander is trying to marry another girl.

The husband has thus filed a suit for defamation on the basis of the notices which were published. The Trial Court dismissed the suit for damages and compensation filed by the husband. The First Appellate Court passed a decree on damages and as a consequence, the present appeal was filed by the wife.

Court's verdict

Upon examining the rival claims, the court noted that during her cross-examination, the wife admitted the fact that she did not prove the allegation of illicit relationship of her husband and has also stated that she does not know the name of the lady whom her husband was going to marry.

She has also admitted that she has not mentioned the name of the person from whom she was informed that her husband was going to marry. Thus, from the evidence of the wife it transpires that she has neither been able to disclose the name of the informant nor she has been able to name the alleged girl whom her husband is going to marry.

Regarding damages, the court noted that under Article 21 of the Constitution of India has the fundamental right to live with dignity.

In this present case, the wife has published a notice not only once but on two dates in a daily newspaper which is circulated in the said island which according to herself has been published without having the knowledge of the informant and in addition in spite of her diligent efforts she has not been able to gather the information as regards to the name of the girl with whom she has entangled her husband that is Ramchander.

"This according to a person of prudent thinking causes emotional distress to the person involving whom such news is circulated having no basis. Law of Torts does not have the power to put a person in incarceration but it has been empowered to award damages. To deter any person from spreading any baseless news defaming another person damages have been incorporated under the Law of Torts. Quantifying such amount of damages acts as a deterrent factor and nothing more than that and it is imposed to keep the society intact," court noted while granting ₹1 Lakh as compensation.

Case: Smti. Ananta vs. Sri Ramchander and another

Case No: SA 7 of 2024

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