The Allahabad High Court was dealing with a plea of woman challenging summon other in defamation case filed by her husband for alleging him impotent.Allahabad High Court news: Underscoring that the statement has been made in good faith without malice towards the husband, the Allahabad High Court has quashed a summoning order in a defamation case against a woman who alleged her husband of physical incompetency.Justice Achal Sachdev was dealing with a plea of a wife challenging the trial court summons order in a defamation case initiated by her husband in retaliation for the allegations of impotency made by his wife.“It clearly shows that the statement has been made in good faith without malice towards the opposite party, and her statement is substantiated by the medical examination report of the opposite party,” the court said on it May 15 order. Justice Achal Sachdev said such issue can be ground for divorce, subject to conditions such as medical examination report and repeated non-consummation of marriage.The court noted that such an issue can be a ground for divorce, subject to the condition that it is supported by a chain of events such as a medical examination report and repeated non-consummation of marriage, but the same cannot be presumed based on a single incident on the wedding night when the opposite party was unable to consummate the marriage.Justice Sachdev added, “The imputation that a person is an impotent prior to such fact being confirmed by a medical examination report is an issue that cannot be raised in the public domain, and it is not covered under exception 1 of Section 499 (defamation) IPC, nor does it relate to a bona fide statement made in judicial proceedings for securing legal relief.”Exception 1 of Section 499 (defamation) IPC reads that yt may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.‘Alleging impotency without medical evidence amount defamation’The allegation of dowry demand has been made, and in the complaint, the informant has alleged the absence of physical intimacy with the opposite party and has further alleged that the marriage did not get consummated on the wedding night and has imputed that the opposite party was impotent.Alleging impotency without any medical evidence on the date on which such an imputation has been made would definitely amount to defamation.With the statement in relation to the opposite party being an impotent person has been made for the first time in FIR, and the same cannot be said to have been made in judicial proceedings.Imputation can by words, either spoken or intended to be read, or by signs of visible representation, though it may be in personal knowledge of that person.The plea that has been raised by the applicant before this court is that the imputation that has been made in a criminal complaint against the opposite party by the applicant is substantiated by a medical examination report.It was never intended to be malicious towards the opposite party.After the filing of the criminal complaint against the opposite party, the applicant has also filed a petition seeking divorce from the opposite party before the competent court under Section 12(1)(a) of the Hindu Marriage Act, 1955.‘Statement made in good faith’The applicant is the wife of the opposite party, and her main allegation is that he is impotent, due to which he was unable to consummate the marriage on the wedding night, which has caused her great anxiety, and thereafter she was harassed by her in-laws and other relatives for the demand of additional dowry.No doubt a statement made in good faith to a person having lawful authority over the subject matter will not amount to defamation, as the same is covered under Exception 8 (accusation preferred in good faith to an authorised person) of Section 499 IPC.Now the question that has come up for consideration is whether, in the complaint to the police, an imputation harms the reputation of the opposite party.A complaint to the police falls squarely within Exception 8 to Section 499 IPC, since the complainant is making a statement to a public authority in the exercise of an illegal right, and if the allegation is relevant to the subject matter of the complaint, here a matrimonial dispute and an ailment of marriage on the ground of impotency.The person making the imputation enjoys the protection that has been provided under Exception 8 to Section 499 IPC.If the imputation is not made with a malice intent to injure but as a part of a genuine grievance but had it been made maliciously with no connection to the actual complaint or had it been publicized beyond the complaint by sharing the same on social media or it is demonstrably false and has been made with the knowledge of its falsity or is irrelevant and inserted only to embarrass or injure the husband the protection would not be available.The marriage was entered into by concealment of the medical condition of the opposite party.Impotency allegation led to defamationThe petition has been filed by the woman to quash the summoning order of December 21, 2024, under Section 500 of the IPC. The marriage of the petitioner-woman was solemnised with the opposite party (husband) in November 2022.Story continues below this adThe petitioner-woman initiated criminal proceedings, including an FIR alleging that the marriage was never consummated due to the physical incompetence of the opposite party. The other charges included Sections 498-A (husband or relative of the husband of a woman subjecting her to cruelty), 406 (punishment for criminal breach of trust), 354-A (sexual harassment and punishment for sexual harassment), and 34 (acts done by several persons in furtherance of a common intention) of the IPC.She submitted a medical examination report, which was a potency test conducted at a private hospital in 2024, which confirmed that his serum testosterone levels were very low, thereby substantiating his medical condition.Appearing for the petitioner, advocates Anshuman Singh and Vinay Kumar Dubey submitted that in retaliation for the said criminal proceedings, the opposite party has filed the present false and frivolous complaint under Sections 499 (defamation) and 500 (punishment for defamation) IPC, and the trial court, without due application of judicial mind, passed the summoning order against the applicant.She challenged the summoning order, arguing that the trial court failed to consider the truthfulness of her claims and presented the potency test report.Story continues below this adThe husband contended that she had called him impotent in front of her family members and landlord. Appearing for the husband, advocate Ashok Kumar argued that the husband received a phone call from the Mahila Thana that the applicant had filed a complaint against him alleging his impotency, upon which police had asked him to get medically examined, and the whole issue spread throughout his family, relations, and society, by which his image was badly tainted.Jagriti Rai works with The Indian Express, where she writes from the vital intersection of law, gender, and society. Working on a dedicated legal desk, she focuses on translating complex legal frameworks into relatable narratives, exploring how the judiciary and legislative shifts empower and shape the consciousness of citizens in their daily lives. Expertise Socio-Legal Specialization: Jagriti brings a critical, human-centric perspective to modern social debates. Her work focuses on how legal developments impact gender rights, marginalized communities, and individual liberties. Diverse Editorial Background: With over 4 years of experience in digital and mainstream media, she has developed a versatile reporting style. Her previous tenures at high-traffic platforms like The Lallantop and Dainik Bhaskar provided her with deep insights into the information needs of a diverse Indian audience. Academic Foundations: Post-Graduate in Journalism from the Indian Institute of Mass Communication (IIMC), India’s premier media training institute. Master of Arts in Ancient History from Banaras Hindu University (BHU), providing her with the historical and cultural context necessary to analyze long-standing social structures and legal evolutions. ... Read More © IE Online Media Services Pvt Ltd