Should Learn To Give Up Than To Give Into Litigation: Bombay High Court In Defamation Dispute Between Brother & Sister
The Bombay High Court remarked that nowadays, sadly, siblings don’t stand together but against each other in Court of law.
Justice Jitendra Jain, Bombay High Court
In a defamation dispute between the brother and sister, the Bombay High Court has emphasised that the siblings should learn to give up than to give into litigation.
An Appeal was filed against the Order of the Trial Court by which it refused to take written statement on the ground of delay.
A Single Bench of Justice Jitendra Jain remarked, “The relationship of a brother and sister is so noble and precious where one sibling will go any lengths to protect the other but in today’s day and age, this special bond is fraught with disputes, emotional tension or unresolved conflict. The root cause of this broken sibling relationship can be attributed to greed, ego and desire of a materialistic life than to crave for life with peace and harmony. Siblings should learn to give up than to give into litigation.”
The Bench said that the various proceedings between themselves and more particularly the present proceedings are nothing but an attempt to clog the system and a counterblast against each other.
“This is one of the reasons why the Courts are unable to take up the matters which really deserves more attention”, it added.
Advocate Ramprakash Pandey appeared for the Appellant, while Advocate Arvind Taral appeared for the Respondent.
Case Background
On the earlier occasion, the Court directed the siblings to appear, so that they can give undertaking not to use abusive language against each other, which was the subject matter of the defamation suit but the siblings can litigate with respect to other suits relating to their claim to their properties. However, the Plaintiff-brother refused this proposal and insisted that he would pursue the defamation suit. Therefore, the Court had to proceed with the adjudication of the Appeal. The siblings in this case were litigating for properties of their parents. The animosity between them reached a stage that the words used in the Complaint made by one party against another were highly objectionable.
The suit was filed by the brother against the Defendant-sister for defamation. According to the Trial Court, the Defendant was aware about the proceedings having been filed in the Court since an Advocate appeared in these proceedings. The Court further observed that there is an affidavit of service and a bailiff’s report showing service of the proceedings on the Defendant. It was on these grounds that the Trial Court came to a conclusion that the Defendant though conscious and aware of the proceedings did not file the written statement within the time prescribed and, therefore, the delay cannot be condoned. Hence, the Defendant approached the High Court.
Court’s Observations
The High Court in view of the facts and circumstances of the case, observed, “The facts of the present proceedings reminds this Court about two festivals of our country viz., “Raksha Bandhan” and “Bhaubeej”. The significance of these two festivals in our country is a reflection of the eternal bond between brothers and sisters, a heartfelt celebration of love, support, trust and protection between siblings. The reason why these festivals are celebrated in our country is to ensure both siblings would stand with each other in good and bad times whenever anyone requires the other. It is a bonding of moral support which makes this relationship very special. However, nowadays, sadly, siblings don’t stand together but against each other in court of law.”
The Court added that during life's highs and lows, joys and sorrows or when a storm blows, a sister does not fear for she knows that standing by her is her brother, who will protect her from every wrong.
“He is her shield, her strength, her weakness.… Likewise, a brother knows his sister like his own mind, knowing that there will never be anyone as trusting and kind. Having a sister is like holding a mirror to one's soul, seeing you for who you are, understanding your silence. The beauty of this loving bond is that even when they are miles apart, they are always close at heart”, it further said.
With respect to the facts of the case, the Court remarked that this is again an instance of a very sorry state of affairs, where two siblings brother and sister, very religious by nature are litigating for properties of their parents.
“It is settled position that for the errors of the office of the Court, the parties should not suffer. Therefore, this Court cannot attribute any negligence on part of the defendant and the confusion which arose in this matter and, therefore the submission made for imposing heavy cost on the defendant cannot be accepted”, it reiterated.
Conclusion
The Court also noted that the bond between a brother and sister is sometimes tightly woven, sometimes loosely held but never broken.
“To conclude, considering the age of the parties, it would be in their best interest that they resolve their disputes amicably thereby restoring peace and harmony in their relationship. … The City Civil Court should take up the main suit in its regular turn and no priority should be given to this matter”, it directed and concluded.
Accordingly, the High Court allowed the Appeal.
Cause Title- Rangamma Soundappa Chetty v. Palaniswamy Obuli Chetty (Neutral Citation: 2025:BHC-AS:56447)
Appearance:
Appellant: Advocates Ramprakash Pandey and Udaybhan Tiwari.
Respondent: Advocate Arvind Taral
