The High Court ruled that the notices defamed the husband while their divorce case was pending.
The Calcutta High Court recently imposes ₹1 lakh fine on woman for publishing two notices in The Telegraph newspaper, alleging that her husband was planning to remarry despite still being legally married to her.
Justice Supratim Bhattacharya, presiding over the Circuit Bench at Port Blair, observed that the notices tarnished the husband’s reputation and amounted to defamation.
“In this present case, the wife has published a notice not only once but on two dates in a daily newspaper which is circulated in the said island which according to herself has been published without having the knowledge of the informant and in addition in spite of her diligent efforts she has not been able to gather the information as regards to the name of the girl with whom she has entangled her husband,” the Court observed.
Accordingly, the Court directed the woman to pay ₹1 lakh as compensation.
The Bench issued this ruling while considering the wife’s appeal against the order of the first appellate court, which had directed her to pay ₹2 lakh in damages to her husband.
It was established that the woman had published the notices without any factual basis, constituting defamation, and this occurred while their divorce proceedings were still ongoing.
Upon reviewing the case, the High Court altered the decision of the first appellate court and reduced the compensation amount, directing the woman to pay ₹1 lakh in damages.