Calling Husband 'Impotent' Not Defamation If Wife Has Medical Proof: Court

A wife calling her husband "impotent" is not defamation if her claims are backed by medical proof, the Allahabad High Court noted while overruling a summoning order in a case against a woman who alleged her husband of physical incompetence.

A single bench of Justice Achal Sachdev, while granting relief to the woman, said that she had made the statement in "good faith" and "without any ill" towards her husband. The court also acknowledged that the trial court had passed the order without properly examining the facts and circumstances of the case, adding that her statement was corroborated by her husband's medical examination report. 

The high court made the judgment and remarks while hearing a petition filed by the woman against the summons order issued by the Additional Civil Judge, Gorakhpur, under Section 500 of the Indian Penal Code (IPC) - that deals with defamation - filed by her husband.

The couple got married on November 25, 2022. Nearly two years later, in 2024, the woman claimed that they never consummated the marriage due to the physical impotency and medical condition of her husband and initiated criminal proceedings under the domestic violence laws. She also filed cases of dowry harassment against her husband and his family. In response to the proceedings, the husband filed a defamation complaint and argued that his wife "tarnished" his image in society by calling him impotent.

The applicant woman's lawyer argued in court that her husband had filed a defamation complaint against her on February 1, 2024, to pressure her into withdrawing all criminal cases against him.

A trial court had issued a summons against the wife in this case on December 21, 2024 - which was challenged by her in the Allahabad High Court.

The Allahabad High Court held in its decision that publicly calling a man impotent without concrete medical evidence could prima facie constitute defamation. "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," it said.

The woman also filed a petition seeking divorce - which the court said that such a case could be grounds for divorce, provided there was a medical examination report, and the marriage was not consummated.

"The woman's allegations were not made with malicious intent to injure her, but rather as part of a genuine complaint," it said.

(With inputs from Deepak Gambhir)