15 Lakh Compensation to Husband as he won defamation case against wife….
In the present matter, the husband had already obtained a divorce decree in his favor, yet the wife continued to harass him even after the divorce. She sent various defamatory emails to the husband’s employer, despite their marriage being solemnized on 30.06.2001 according to Hindu rites and ceremonies. The couple had a minor daughter born in 2009, and after the wife left the matrimonial home, the husband was deprived of meeting his daughter.
The husband claims that the wife frequently sent abusive and defamatory messages to his friends and colleagues. Due to this ongoing harassment, the husband filed for divorce, which was granted by an order dated 01.12.2021 on the grounds of cruelty. However, the wife persisted in harassing the husband’s elderly maternal uncle and his employer by sending false allegations and defamatory remarks, causing immense pain and distress to the husband. Consequently, he filed a defamation suit seeking damages of ₹25,00,000.
The husband also sent a legal notice dated 05.08.2020, demanding a written apology for the derogatory actions intended to malign his reputation. However, the wife’s reply to the legal notice dated 21.08.2020 caused the husband significant psychological distress, leading to a surgery costing approximately ₹6,00,000. Further, the wife used their daughter’s email ID to send derogatory emails to the husband’s bedridden maternal uncle, which the wife later admitted to.
In her defense, the wife claimed that the suit was barred by the Limitation Act and that the husband’s evidence was insufficient as per the Evidence Act. Notably, the wife did not challenge the authenticity of the emails and messages she sent to the husband’s employer and relatives. During cross-examination, her defense primarily revolved around the payment of interim maintenance, rather than disputing the emails’ content.
The court found that the husband had substantiated his claims with electronic evidence, including the emails and chat messages, which remained uncontested by the wife. The wife was unable to challenge the authenticity of the emails and even admitted that they were sent from her email IDs. As a result, the court awarded the husband ₹15,00,000 in compensation, along with 9% interest, recognizing the damages caused to him.
Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997
