Whether a spouse has the legal standing (cause of action) to file a defamation suit on behalf of their partner for statements allegedly made against the partner.

O R D E R

CM APPL. 36534/2026 (Exemption)

1. Exemption allowed, subject to all just exceptions.

2. Application stands disposed of, accordingly.

C.R.P. 164/2026 along with CM APPL. 36533/2026 (Stay)

1. This petition has been filed seeking setting aside of impugned order dated 16th March 2026, passed by District Judge, South East District, Saket Courts, New Delhi in CS DJ 1398/18, whereby the Trial Court dismissed the application under Order VII Rule 11 of the Code of Civil Procedure, 1908 filed by petitioner/defendant.

2. The civil suit for defamation was filed by respondent on the basis of certain objectionable social media posts allegedly made from petitioner’s account against respondent’s wife.

3. Mr. Aman Gupta, counsel for petitioner, submits that respondent’s wife, against whom the alleged comments are stated to have been made, has not been impleaded as a party to the suit, and that the suit has been filed only by respondent/husband on her behalf.

4. The Court has perused the plaint and, in particular allegedly defamatory statements posted by defendant, which have been extracted in paragraph 7 of the plaint.

5. A perusal of the same would show that these statements, if at all made by petitioner/defendant, appear to pertain to Tabassum, the wife of respondent. It is noted that the suit has not been filed by Tabassum herself, but by her husband instead.

6. It is the plea of counsel for petitioner that relief cannot be sought on behalf of Tabassum by her husband for defamation, and this ought to have been considered by the Trial Court.

7. The other issue raised by counsel for petitioner is that, while the alleged objectionable social media posts were made in October 2017, petitioner had lodged a complaint before the Embassy of India regarding threats allegedly extended by respondent and his family members. Pursuant to petitioner’s complaint, FIR No. 195/2018 came to be registered against respondent in May 2018. Immediately thereafter, respondent issued a legal notice alleging defamatory and objectionable social media posts against his wife, which was denied by reply to the legal notice. Subsequently, the suit for damages came to be filed against the Petitioner.

8. Petitioner’s counsel highlights the fact that petitioner made a public social media post informing that her Facebook and email accounts had been hacked and requested that prior posts be disregarded. However, these are issues of fact, which may have to be considered in the trial.

9. Nevertheless, whether respondent has a cause of action to file a suit for defamation with regard to statements made allegedly against his wife, needs to be considered.

10. In this regard, issue notice to respondent on steps being taken by petitioner through all permissible modes, including email etc.

11. Till then, further proceedings in the suit shall be stayed.

12. List on 08th October 2026.

13. Order be uploaded on the website of this Court.