
Wife's claims of impotence in divorce case not defamatory: HC
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Dismissing a man's defamation complaint against his estranged wife and her family, Justice S M Modak in his July 17 order, made public on Friday, noted that under the Hindu Marriage Act, allegations of impotency are "very much relevant" and can be a legitimate ground for divorce.
Justice Modak stated a wife is "justified in making those allegations to support her interest" and to prove that she suffered cruelty in the marriage.
The man had argued his wife's claims, made in her divorce and maintenance pleas and in a separate FIR, had become part of the public record and therefore damaged his reputation.
The allegations of impotency being a ground for divorce are necessary, it said. "This court feels that when litigation between spouses arises in a matrimonial relationship, then the wife is justified in making those allegations to support her interest," the court said, adding the same cannot be held as defamatory.
The man had stated his estranged wife had, in her pleas seeking divorce and maintenance and also in her FIR against him and his parents, claimed that he was impotent. PTI

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