DEBANGSU BASAK, J. - (1.) Two applications have been heard analogously as they are in the same suit. GA No. 507 of 2018 is an application at the behest of the defendant seeking dismissal of the suit. GA No. 33 of 2019 is an application of the plaintiff claiming that the defendant is guilty of perjury. The leaving was concluded on February 3, 2020. By the time the judgment was made ready the country went into lockdown due to COVID-19.
(2.) Learned advocate appearing for the defendant has submitted that, the cause of action of the present suit is barred by law. He has submitted that, the plaintiff in the plaint claims that, the defendant made a statement in an application seeking divorce from his wife which is allegedly defamatory. According to him even by taking the statements made in the plaint to be true and correct, the cause of action of the plaintiff is barred by law. Contents of a pleading in a judicial proceeding are protected by absolute privilege. A civil action for defamation does not lie in respect of a statement made in a pleading filed in a judicial proceeding. In support of his contentions, learned advocate appearing for the defendant has relied upon a passage from Gatley on Libel and Slander, Eighth edition. He has relied upon a full bench decision of the High Court reported in All India Reporter 1921 Calcutta page 1 (Satis Chandra Chakraborty v. Ram Dayal De). He has also relied upon 40 ILR Calcutta page 433 (Kari Singh v. Emperor), 2012 SCC Online Delhi page 5421 (Brig. B.C. Rana (Retd.) v. Ms. Seema Katoch & Ors.) and 2018 SCC Online Delhi page 11638 (Shri Anil Chaudhry v. Yakult Danone India Pvt. Ltd.).
(3.) Learned advocate appearing for the plaintiff has relied upon a list of dates. He has submitted that, the plaintiff is married to the elder sister of the wife of the defendant. The marriage of the plaintiff took place on May 6, 2011. The younger sister of the wife of the plaintiff and the defendant became friends while working in HCL at Noida. On November 30, 2016, the defendant married the younger sister of the wife of the plaintiff at Allahabad. The defendant and his wife went to Ranchi and stayed there in a rented flat from December 2, 2016. The defendant and his wife left for Mumbai on December 8, 2016 and started staying in a rented flat. On January 11, 2017, the wife of the defendant left the defendant and came to Allahabad. On January 28, 2017, the wife of the defendant along with her mother went to Mumbai where they were informed that the defendant left the flat. The wife of the defendant and her mother returned to Allahabad. On February 4, 2017, the defendant filed a petition being O.S. No. 80 of 2017 under section 11 and 12 (1-b) read with section 12 (1-d) of the Hindu Marriage Act, 1955 before the learned Principal Judge, Family Court, Ranchi, Jharkhand praying for an order of decree of declaration of marriage between the defendant and his wife held on November 30, 2016 to be null and void. The plaintiff was made respondent No.5 in such divorce petition. On February 6, 2017, the wife of the defendant lodged a complaint with George Town police station, Allahabad against the defendant and a police case inter alia under sections 498A, 406, 313, 323, 504, 506 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Domestic Violence Act was started. Such police case resulted in a charge-sheet against the defendant. The defendant challenged such charge-sheet before the High Court at Allahabad. Such challenge is pending. On February 9, 2017, the Family Court at Ranchi issued summons to the plaintiff for settlement of issues in the divorce petition. Such divorce petition contained the defamatory statements. The defendant filed a petition under section 156 (3) of the Criminal Procedure Code before the learned magistrate at Karachi. Learned magistrate directed the police to register a case and investigate under sections 420, 328, 307, 377, 389, 496, 506 and 511 of the Indian Penal Code, 1860. A case was started against the plaintiff, his wife and his parents and the wife of the defendant on February 18, 2017 which resulted in a police report stating that there was a mistake as to fact in the complaint. The defendant challenged such report which was converted into a complaint case and the learned Magistrate issued summons against the wife of the defendant for prosecution under Section 506 of the Indian Penal Code, 2005 but refused to issue summons against the plaintiff, his wife and his parents. The defendant challenged the same before the learned Sessions Court at Ranchi which admitted the same and issued notice to the plaintiff, his wife, parents of his wife, and the wife of the defendant. The same is pending. Thereafter, the plaintiff filed the present suit on May 12, 2017. The defendant filed an application for dismissal of the suit on February 15, 2018. The defendant filed a petition before the Principal Judge Family Court, Jharkhand on February 6, 2018 praying for withdrawal of the divorce case on the ground of defects in the plaint and also due to some other reasons. The learned Judge allowed the prayer and dismissed the case as withdrawn. The High Court when being informed about the dismissal of the divorce case, directed the defendant to ascertain the status of the divorce case. On October 3, 2018, the learned advocate for the defendant submitted before the Hon'ble Court that, the defendant filed a fresh case before the Civil Judge Principal Family Court, Allahabad. The same was disclosed by the defendant by an affidavit affirmed on December 5, 2018. The defendant filed a fresh suit being MT. No. 1613 of 2018 before the Learned Principal Family Judge, Allahabad praying for a decree of dissolution of the marriage held on November 30, 2016 on the ground of cruelty committed by his wife. The plaintiff was made the respondent No.2 in such suit. On January 5, 2019, the plaintiff filed an application praying for prosecution under section 340 of the Code of Criminal Procedure, 1973 against the defendant for making false statements in the supplementary affidavit affirmed on December 5, 2018. In the affidavit in opposition filed in GA No. 33 of 2019, the defendant extended apologies for the alleged inadvertent mistake in paragraph 4 of the supplementary affidavit dated December 5, 2018 filed in GA 507 of 2017.;