Defamation

Querist : Anonymous (Querist) 01 February 2012 This query is : Resolved
W, a wife gets an ex parte decree of divorce, on ground of adultery that her husband has illicit relations with his bhabhi; w deposes specifically that she saw him with his bhabhi on one occasion. Bhabhi is made respondent no.2 alongwith the husband, but is subsequently given up by W.
Ex parte decree is passed. It is never challenged.

Then, bhabhi files a criminal complaint for defamation saying that her reputation has been maligned.

W takes the defence that the allegations were made merely for protection of her interest and not for maligning the reputation of Bhabhi, and that her case is governed by exception 9 of S.499 IPC.

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Sudhir Kumar, Advocate (Expert) 01 February 2012
Prima-facie there was no case of defamation as the W had alrady won the case. But anyway W has given a stupid defence wherein she had agreed that her allegations were false. Now she is liable for defamation.

Even divorce decision can be put to review on discovery of her confession of having made false claim

9th excepting to IPC reads as under :-

Ninth Exception.—Imputation made in good faith by person for protection of his or other’s interests.—It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the inter¬ests of the person making it, or of any other person, or for the public good.

In this given circumstances if there were no illicit relations and the defendant has confessed to have falsely imputed the same doe snto appear to be good faith “good faith” .

Raj Kumar Makkad (Expert) 01 February 2012
Come with your real identity.

Shonee Kapoor (Expert) 01 February 2012
Agreed as the decree stands in her favor, no case of defamation made out.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com