The Bombay High Court dismissed a man's complaint against his estranged wife, noting that allegations of impotency made by a woman against her husband in matrimonial proceedings do not amount to defamation when she has made them to protect her interests.
A Bench of Justice S.M. Modak held that in a Hindu Marriage Act petition, the allegations of impotency are very much relevant.
The court dismissed the petitioner's complaint seeking a defamation case against his estranged wife and her family for alleging that he was impotent in the divorce proceedings initiated by her.
A copy of the order passed on July 17 was made available on Friday. The court held that the woman was justified in making these allegations to show that she had suffered cruelty in the marriage.
The allegations of impotency being a ground for divorce are necessary, it said.
