Bombay HC Quashes Defamation Case Against Woman For Calling Husband Impotent During Divorce Proceedings

The Bombay High Court has quashed a sessions court’s order for further inquiry into a defamation complaint filed by a man against his wife, who had alleged impotency during matrimonial proceedings.

The Court held that such allegations, made in divorce, maintenance, or FIR proceedings, fall under the ninth exception to Section 499 IPC and cannot attract defamation charges.

The court observed that such statements, made during matrimonial litigation, are relevant to prove cruelty and neglect under the Hindu Marriage Act and do not amount to defamation.

The Court further noted that the sessions court failed to provide adequate justification for remanding the case and disregarded the magistrate’s finding that the allegations were made during judicial proceedings.