The Calcutta High Court's Circuit Bench at Port Blair has directed a woman to pay ₹1 lakh as damages to her husband for defaming him by publishing false allegations of remarriage in a newspaper without any evidence. Justice Supratim Bhattacharya, while deciding Second Appeal No. 7 of 2024, found that the wife's actions amounted to defamation and emotional distress, warranting compensation under the law of torts.
The case involved Sri Ramchander, an Assistant Engineer at Port Blair Municipal Council, and his wife Smti Ananta, a Draughtsman at the APWD Department in Port Blair. Their marriage took place on 2 March 1994 and they had a son on 24 January 1996. Over time, their relationship deteriorated, leading to a matrimonial suit in 2005 by Ramchander on grounds of cruelty and desertion. Although the trial court initially granted divorce, a Division Bench of the High Court later overturned that decision, maintaining the marriage's subsistence.
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Amidst this situation, Ananta published notices on 3 and 5 December 2008 in The Daily Telegram, a local newspaper. These notices warned the public that her husband was attempting to remarry illegally despite the ongoing marriage. She admitted during court proceedings that she did not know the identity of the woman her husband was allegedly marrying and could not name the source of her information.
Quoting the court, "Through the notices it is clear that the appellant/wife has admitted the fact that the notices were published targeting her husband, that is Ramchander, and therein allegations were made regarding second marriage by Ramchander in spite of subsistence of the first marriage. This, according to a prudent man, is nothing but a statement degrading the goodwill or reputation of a person."
Initially, Ramchander filed a defamation suit seeking ₹50 lakh in damages against Ananta and the editor of The Daily Telegram. The trial court dismissed the suit, but on appeal, the first appellate court awarded ₹2 lakh in damages. However, upon further appeal, the High Court modified the amount, ordering Ananta to pay ₹1 lakh.
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The court stressed the importance of reputation, observing, "A man's reputation is his property and in certain cases, more valuable than other properties. Defamation causes injury to the reputation of a person, and damages under the law of torts act as a deterrent to prevent the spread of baseless allegations."
Justice Bhattacharya pointed out that Ananta failed to establish the truth of her claims or even name the informant. "This according to a person of prudent thinking causes emotional distress to the person involving whom such news is circulated having no basis," the Court noted.
Referring to principles laid down by the Supreme Court in Bhim Singh v. State of Jammu and Kashmir, the Court emphasized that monetary damages serve to protect individuals’ dignity under Article 21 of the Constitution.
While clearing the newspaper editor, Sri Asheem Poddar, from liability, the Court held that editors are not expected to verify the authenticity of every notice published unless it is defamatory on its face. Therefore, only the wife was directed to compensate her husband.
In conclusion, the Court allowed the second appeal partly, ordering Smti Ananta to pay ₹1 lakh to her husband within three months. The judgment reinforced the necessity of maintaining dignity and reputation in society and highlighted that unverified public accusations can have serious legal consequences.
