In Smti. Ananta v. Sri Ramchander and Anr., Calcutta HC directed the woman to pay Rs. 1,00,000 as damages to her husband for defaming him by publishing a notice in the daily newspaper The Daily Telegram, falsely alleging that he was in an illicit relationship.

“This Court is of the view that imposition of amount of Rs. 1,00,000/- as damages upon the appellant (wife) is not an exorbitant amount considering the fact that she is a working woman.”

The couple got married in 1994 and had a child in 1996. Over time, their relationship soured and husband filed for divorce on grounds of cruelty and desertion in 2005.

Although Trial Court granted him divorce, the same was overturned by HC in 2008. Thereafter, his wife published defamatory notices on 3rd and 5th December 2008 alleging that she got to know from her sources that her husband was trying to marry another woman.

Ramchander filed a defamation suit seeking Rs. 50,00,000 in damages against his wife and newspaper’s editor. While Trial Court dismissed the suit, First Appellate Court reversed the decision and awarded Rs. 2,00,000 as damages to husband. Challenging this, his wife filed a second appeal in High Court.

Court noted that the essential elements of defamation (defamatory content, reference to the plaintiff, and publication) were clearly established. It held, “Defamation is the publication of a statement which tends to lower a person in the estimation of right-thinking members of society generally, or which tends to make them shun or avoid that person.”

Court emphasised that even in the absence of intent, a published false statement that causes reputational harm attracts liability.

Court further observed, “She has admitted that she has not mentioned the name of the person from whom she was informed that her husband was going to marry.” and held that allegations were unsubstantiated and defamatory, causing emotional distress to husband.

Court ruled that such baseless allegations violate the right to live with dignity under Article 21 of Constitution.

Highlighting the societal impact of false accusations, Court affirmed that damages under tort law serve as a deterrent, “Quantifying such amount of damages acts as a deterrent factor and nothing more than that and it is imposed to keep the society intact.”

Court also clarified that editor of The Daily Telegram bore no liability since the notice was published in a classified format, for a fee, without editorial oversight.

However, HC reduced the damages and directed the wife to pay Rs. 1,00,000 to her husband within 3 months.