A Delhi Court has recently declined cognisance of a Defamation complaint filed by a woman against her husband. The man had filed a divorce petition in Karnataka on the grounds of cruelty and adultery.
While declining cognisance, the court observed, “A crucial element for completing the offence of defamation is that the imputation (allegation) must have been made with the requisite mensrea (intention) to cause harm to the reputation of the concerned person.”
A woman had alleged that her husband had falsely alleged in the divorce petition that she was having an affair with her gym trainer, used to meet her secretly, used to invite him to their house in the absence of the accused and used to frequent hotels with him.
It was further alleged that during cross-examination in the divorce proceeding, the husband could not substantiate his allegations and failed to justify the ground of adultery. As per the admitted case, the divorce was eventually granted in the matter on the ground of cruelty.
Judicial Magistrate First Class (JMFC) Yashdeep Chahal refused to take cognizance of the Complaint.
“I have no hesitation in observing that the version of the complainant fails to disclose the ingredients and nexus necessary for proving the offence of defamation against the accused herein, and thus, no prima facie case is made out for taking cognisance. Accordingly, cognisance is declined under Section 223 of BNSS and the complaint is disposed of,” JMFC Chahal said in the order passed on May 16.
The court also pointed a finger towards making Delhi a jurisdiction for filing a complaint.
“It is also apparent from how the cause of action has been created in Delhi. To keep the pot boiling is a method which the Courts must be circumspect about. I need not say more,” JMFC Yashdeep Chahal said.
The complainant had alleged that when she was in Delhi to meet her friend she was having the affidavit filed by her husband. Her husband caught hold of the affidavit and read it. Her friend asked her the question about the allegations. She alleged that the false Allegations levelled in the affidavit defamed her in the eyes of her husband.
The court also said that it has been observed by the Constitutional Courts, time and again, that the tendency to misuse the criminal machinery for settling monetary/civil scores must be nipped in the bud.
” Without expressing much, I may only note that the prayer on behalf of the complainant to keep this complaint pending, for no reason whatsoever, till settlement talks are going on
outside the Court, only points in the direction alleged by the accused to keep the pressure points on,” the judge observed.
The couple got married on 28.04.2008. As the relationship went sour, the accused husband filed a divorce petition in 2020 before the Family Court in Bengaluru.
In the said petition, the husband filed his affidavit of evidence wherein, the accused pleaded
for divorce on the twin grounds of cruelty and adultery. To substantiate his ground of adultery, the accused allegedly levelled certain allegations against the complainant.
