New Delhi: A Delhi court on Tuesday refused to set aside a summoning order against a woman for allegedly defaming her husband, a Home Ministry employee, saying there is sufficient ground for proceeding against her.
Additional Sessions Judge Rajneesh Kumar Gupta, while dismissing the revision petition of the woman, said that the allegations levelled in the complaint filed by her husband are supported by evidence.
"I am of the opinion that there is sufficient ground for proceeding against the accused (woman) under section 500 (punishment for defamation) of IPC. Accordingly, I do not find any infirmity or illegality in the impugned order passed by the trial court and it is upheld," the court said.
The woman's husband had lodged a defamation case against her after she had filed a complaint against him in 2007 for allegedly committing unnatural sex with her and their two-year -old son.
The woman in her plea had claimed that allegations made by her against her husband would be covered under exceptions to section 499 (defamation) of IPC and would not constitute an offence of defamation.
She had also claimed that she has approached appropriate authority for the alleged offences but the authority did not conduct the investigation properly and fairly.
The court, however, rejected her contentions saying, "To attract the exception, accused (woman) has to show that she has made the alleged accusations in good faith. It is the subject matter of the trial and has to be decided only on the merits of the case after the evidence has been led in the case."
It noted that the woman had married her husband in 2002 and several matrimonial disputes were going on between them.
However, the police in their investigation report found that allegations levelled by her against her husband were baseless.
Her husband then filed a defamation case against her alleging that being a government servant he enjoys good reputation in society and by making the false allegations, his wife has defamed him.
