Delhi Court Restrains Indian Cricketer’s Wife From Circulating 'Defamatory Material' Against Him

A Delhi Court has restrained the wife of Indian cricketer Shikhar Dhawan from circulating "defamatory and false material" against him on social or print media and among other individuals, including friends and relatives.

The cricketer and his wife have been living separately since August 2020. He has also filed a petition for divorce on the ground of cruelty under section 13(l)(ia) of Hindu Marriage Act. The wife and their child are citizens of a foreign country.

The court has passed the order against the wife on an application filed by the cricketer for ex-parte injunction restraining her from circulating the alleged defamatory material. It was submitted that the wife had circulated alleged defamatory and false messages against him on WhatsApp in order to “malign his reputation and ruin his career.”

Judge Harish Kumar of Patiala House Courts said reputation of a person is dear to everyone and is considered as property of highest degree because “materialistic property can be regained after loss but reputation cannot be regained once damaged.”

While observing that the reputation of an individual has to be protected, the court, however, added that if anyone has lawful grievance against the other person, then he or she cannot be restrained from venting out his or her grievance to concerned authority.

“Thus, if respondent/wife has real grievance against petitioner she cannot be restrained from making any grievance to concerned authority but she can certainly be restrained from sharing her grievance against the petitioner with friends, relatives, peers of parties as well as from making it public even before approaching appropriate authority,” it said.

The court said she is restrained till further orders from circulating any of her grievance against the petitioner or her version of the dispute or the alleged defamatory and false material on social media, "to print media or to any other forum or to friends/relatives/colleagues of the parties. 

"However, it is made clear that for her grievance, if any, against the petitioner, respondent is at liberty to approach any authority appointed under the law of India or [the foreign country] in this regard," said the court.

The court also directed her to facilitate the video call between the child and his father for 30 minutes everyday. 

Advocate Aman Hingorani appeared for the cricketer.