The Allahabad High Court held that calling a husband “impotent” does not constitute defamation when supported by medical evidence, setting aside a summoning order after observing the wife acted in good faith and without malice, while criticising the trial court for inadequate factual assessment.
Calling her husband “impotent” does not amount to defamation if the wife’s allegation is supported by medical evidence, the Allahabad High Court observed while setting aside a summoning order in a defamation case.
Justice Achal Sachdev, sitting singly, granted relief to the woman, holding that she made the statement in “good faith” and “without any ill” toward her husband. The court further noted that the trial court had passed the order without properly assessing the facts and circumstances, and that the wife’s claim was backed by her husband’s medical examination report.
The High Court’s remarks and decision were delivered while hearing a petition filed by the woman challenging summons issued by the Additional Civil Judge, Gorakhpur, under Section 500 of the Indian Penal Code (IPC) the provision dealing with defamation on a complaint brought by her husband.
According to the case, the couple married on November 25, 2022. Almost two years later, in 2024, the woman alleged that the marriage was never consummated due to her husband’s physical condition and alleged impotency, and she initiated proceedings under domestic violence laws. She also instituted cases alleging dowry harassment against her husband and his family.
In response, the husband filed a defamation complaint, contending that his wife had “tarnished” his reputation in society by calling him impotent.
The woman’s counsel argued before the court that the husband had filed the defamation complaint on February 1, 2024, with the intent to pressure her into withdrawing all pending criminal cases against him.
A trial court issued the summons against the wife on December 21, 2024, which she challenged in the Allahabad High Court.
The Allahabad High Court noted that publicly calling a man impotent without concrete medical evidence could prima facie amount to defamation. It added:
“However, if such an allegation is made in good faith, as part of a valid complaint or legal proceeding, and before a competent authority, it may be protected under the exception to Section 499 of the Indian Penal Code.”
The woman had also sought divorce, and the High Court remarked that such a ground could be available if there is a medical examination report and the marriage remains unconsummated.
The court said,
“The woman’s allegations were not made with malicious intent to injure her, but rather as part of a genuine complaint,”
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