J. PADMALOCHAN CHOUDHURY Vs. NIRAKAR PATEL

JUDGEMENT

(1.) THIS appeal is directed against the judgment of acquittal passed by a learned First Class Magistrate, Sambalpur, acquitting the Respondent of a charge under Section 500, Indian Penal Code.

(2.) THE Appellant filed a petition of complaint on 16 -9 -1966 alleging the commission of an offence punishable under Section 500, Indian Penal Code by the Respondent. Most of the allegations complained of in the said petition of complaint related to the Appellant 's wife. Translated into English, the allegations can be stated thus:

(3.) THERE seems to be consensus of judicial opinion that in a case where the wife is defamed particularly touching upon her character, the husband is the aggrieved person. This is more or less on the basis that by marital relationship the husband and the wife have such a status in the society that defamation against one necessarily has its effect on the other. This aspect of the matter came up for consideration before a Full Bench of the Bombay High Court consisting of five learned Judges including the Chief Justice, in Chhotalal v. Nathabhai, I.L.R. 25 Bom. 151 (F.B.). Jenkins, C.J. with whom 3 other learned Judges agreed, on an examination of this question, stated: