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2025 Supreme(Online)(DEL) 437
HIGH COURT OF DELHI
Anish Dayal, J
ANUJ KATHURIA – Appellant
Versus
KAWALJIT KAUR SACHDEV – Respondent
CS(OS) 102/2025
ASHWARY KATHED
The court emphasized the significance of consent in personal relationships and the impact of defamatory statements on reputation, ordering the removal of such statements and encouraging mediation.
Headnote:
(A) Code of Civil Procedure, 1908 - Order XXXIX Rule 1 & 2 - Application for permanent and mandatory injunction against defamatory posts on social media - Plaintiff alleges damage to reputation due to posts made by defendant, following a personal relationship - Defendant undertakes to remove posts and participate in mediation. (Paras 1-12)
(B) Defamation - Elements of defamation discussed, including the necessity of false statements causing reputational harm - Court emphasizes the importance of consent in personal relationships and the implications of public statements. (Paras 5, 7)
(C) Mediation - Court refers parties to mediation for amicable resolution, considering the welfare of the child involved. (Paras 10-12)
Facts of the case:
The plaintiff claims damages due to defamatory posts made by defendant no.1 after a personal relationship, which led to his resignation from a corporate position.
Findings of Court:
The court accepted the defendant's undertaking to remove the posts and referred the matter for mediation.
Issues: The main issues included the validity of the defamatory statements and the impact on the plaintiff's reputation.
Ratio Decidendi: The court ruled that the defendant's undertaking to remove the posts was sufficient to address the immediate harm, while mediation was encouraged for a comprehensive resolution.
Result: Posts to be removed within 24 hours, matter referred to mediation.
| Table of Content |
|---|
| 1. application for exemption is allowed (Para 1) |
| 2. plaintiff spent about rs.1.5 crores (Para 3 , 4 , 6) |
| 3. tremendous damage has been caused (Para 5) |
| 4. notice is accepted by mr. sachin (Para 7 , 8 , 12) |
| 5. all the posts/tweets relating to plaintiff (Para 9) |
| 6. defendant no.1 is open to an amicable resolution (Para 10) |
| 7. matter is referred to delhi high court mediation (Para 11) |
| 8. copy of the order be sent (Para 13) |
ORDER :
I.A. 4450/2025(Exemption)
1. The application for exemption is allowed, subject to the plaintiff granting inspection of the original documents filed, as and when required to do so, or filing the original documents at the stage of admission/denial.
2. The application stands disposed of.
I.A. 4449/2025 (Application under Order XXXIX Rule 1 & 2 of CPC)
1. This application has been filed as part of accompanying suit seeking relief of permanent and mandatory injunction against defendant no.1 in respect of withdrawal and deletion of defamatory posts/tweets from the social media platforms.
2. It is stated that the plaintiff met defendant no.1 during an official trip in Mumbai in 2017 and developed a relationship with defendant no.1. The plaintiff states that he was a married man and had two daughters when he developed the relationship, however, he states that only upon instigation of defendant no.1, their engagement increased. A male child was born out of the said relationship in August 2021.
3. Subsequently, plaintiff was also maintaining defendant no.1 by paying a monthly payment of Rs.4 Lacs per month. Plaintiff states that from November 2023 till April 2024, plaintiff spent about Rs.1.5 Crores on defendant no.1 and their child. Thereafter, on the basis of a complaint by defendant no.1, FIR No.166/2025 under Sections 69/81/82(1) of BNS 2023 was registered at P.S. Oshiwara, Mumbai.
4. Subsequently, these impugned posts/tweets were posted by defendant no.1 on social media platform ‘X Corp’ (formerly known as Twitter) and further reshared the same on Facebook and Instagram. Subsequently, as per plaintiff, due to the cascading impact of the said posts/tweets, plaintiff was asked to resign from his position of President of the Company JK Tyre on 14th February 2025.
5. In this regard, Mr. N. Hariharan, Senior Counsel for plaintiff states that tremendous damage has been caused to the reputation of plaintiff due to the said posts/tweets, despite the fact that relationship of plaintiff with defendant no.1 was with her complete consent. He also states that the assertions made by defendant no.1 in the said post are contrary to the narrative in the FIR as well and, therefore, statements which are being made are false and untrue.
6. Issue Notice.
7. Notice is accepted by Mr. Sachin Gupta, counsel for defendant no.1, who states on instructions, that the said posts/tweets shall be taken down by defendant no.1 from all social media platforms.
8. Accordingly, the undertaking is taken on record. He further undertakes that no further posts shall be disseminated/retweeted by defendant no.1 in this regard. He states this is without prejudice to his rights and contentions in the matter and is only to put a quietus to the matter for the time being.
9. It is directed that all the posts/tweets relating to plaintiff shall be taken down within a period of 24 hours.
10. Counsel for defendant no.1 states that defendant no.1 is open to an amicable resolution through Mediation. Counsel for plaintiff has no objection to the same.
11. Accordingly, matter is referred to Delhi High Court Mediation & Conciliation Centre. Parties and their counsels shall appear before the Senior Mediator on 5th March 2025 at 04:00 P.M.
12. Considering that defendant no.1 is a mother of three-and-half year old specially abled child, she will participate in the Mediation through VC.
13. Copy of the Order be sent to the Organizing Secretary of the Delhi High Court Mediation & Conciliation Centre for information and compliance.
CS(OS) 102/2025
1. The plaint be registered as a
