MUMBAI: The Bombay High Court has declared that a wife’s allegations of impotency against her husband during divorce proceedings do not constitute defamation and that such claims, when made to protect a woman’s interests, are a necessary part of the legal process.Dismissing a man’s defamation complaint against his estranged wife and her family, Justice S M Modak in his July 17 order, made public on Friday, noted that under the Hindu Marriage Act, allegations of impotency are “very much relevant” and can be a legitimate ground for divorce.Justice Modak stated that a wife is “justified in making those allegations to support her interest” and to prove that she suffered cruelty in the marriage.
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