The Allahabad High Court has held that allegations regarding a husband’s impotency, when made in good faith before lawful authorities in connection with matrimonial disputes, are protected under the exceptions to defamation law.
Quashing a summoning order in a criminal defamation case, the Court observed that,
“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…..”
The Court further remarked that,
“Alleging impotency without any medical evidence on the date on which such an imputation has been made would definitely amount to defamation,” but added that the protection would apply where the allegation was raised bona fide and later substantiated by medical material.
The judgment was delivered by Justice Achal Sachdev on an application filed under Section 528 BNSS by wife challenging the summoning order passed against her in a criminal defamation complaint instituted by her husband, Aditya Kumar Tripathi.
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The impugned order had been passed on December 21, 2024 by the Upper Civil Judge-First/A.C.J.M, Gorakhpur, in Complaint Case No. 2545 of 2024 under Section 500 IPC.
According to the case record, the marriage between the parties was solemnised on November 25, 2022. The wife later alleged that the marriage could not be consummated because of the husband’s medical condition.
She also accused her husband and in-laws of cruelty and dowry harassment. During the hearing, her counsel argued that the defamation complaint was filed only to pressurise her into withdrawing the criminal and matrimonial cases initiated by her.
The dispute had earlier led to registration of an FIR as Case Crime No. 0169 of 2024 at Maurya Enclave Police Station, District North West of Delhi. under Sections 498-A, 406, 354-A and 34 IPC.
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In the FIR, the woman alleged dowry harassment and stated that her husband was impotent and unable to consummate the marriage. Thereafter, she filed proceedings seeking cancellation of marriage under Section 12(1)(a) of the Hindu Marriage Act.
Opposing the plea, the husband contended that the allegations had severely damaged his reputation in society and among relatives.
He argued that the allegations were circulated beyond court proceedings and caused humiliation after police authorities contacted him for medical examination.
During the proceedings, counsel for the woman relied upon the medical report of a potency test conducted at Medanta Hospital, Gurugram, Haryana on August 27, 2024, and informed the Court that the report indicated low serum testosterone levels.
It was therefore argued that the allegations were neither reckless nor malicious, but it is just a part of legal proceedings arising out of a matrimonial dispute.
After examining the record, the Court observed that the allegations regarding impotency were first raised in the FIR connected to allegations of dowry harassment and cruelty.
The Court held that complaints made before police authorities in relation to matrimonial disputes are protected under Exception 8 to Section 499 IPC if made in good faith and in pursuit of lawful remedies.
The Court also explained that such protection would not extend to cases where accusations are spread publicly or made solely to humiliate another person.
It observed that if allegations are circulated on social media, made despite knowledge of falsity, or inserted only to embarrass the spouse, the defence of good faith would not be available.
Finding that the Magistrate had failed to properly examine the protection available under the law of defamation, the High Court held that the summoning order could not be sustained.
The Court concluded that the wife’s allegations were directly connected with her matrimonial grievances and supported by subsequent medical material placed on record.
Accordingly, the High Court quashed the summoning order passed in the defamation complaint under Section 500 IPC arising out of proceedings at Shahpur Police Station.
Case: Wife vs State of U.P. And 2 Others
Case No: Application u/s 528 BNSS No. – 6618 of 2025
Date of Order: 15.05.2026
Status: Allowed
