Allahabad HC Stays Sister's Defamation FIR Proceedings Against Bhanvi Singh Over Claims In Divorce Suit With MLA Raja Bhaiya

In a respite for Bhanvi Kumari Singh, wife of sitting MLA Raghuraj Pratap Singh (Raja Bhaiya) from Kunda, the Allahabad High Court (Lucknow Bench) has stayed the proceedings in the criminal defamation case pending before a Lucknow Court against her. The proceedings were initiated pursuant to the lodging of an FIR by her own sister (Sadhvi Singh), which later culminated in a chargesheet on which cognizance has also been taken. Sadhvi had alleged that Bhanvi defamed her through statements in her written statements filed in the ongoing divorce proceedings between Bhanvi Singh and Raja Bhaiya. The order was passed on Tuesday by a Bench of Justice Saurabh Lavania on Bhanvi Singh's plea. Advocate Ayodhya Prasad Mishra argued the matter. The HC found that the matter requires detailed consideration, primarily because the allegations in question originated from a "Written Statement" which was filed in a matrimonial dispute. It may be noted that a suit for dissolution of marriage has been instituted by Raja Bhaiya (Opposite Party No. 3) against his wife-applicant under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955. In her defence, the applicant filed a Written Statement on August 3, 2023, wherein she allegedly made certain allegations against her sister [Sadhvi Singh (Opposite Party No. 2)]. These claims were later also telecast on a news channel. Aggrieved by these claims, Sadhvi Singh lodged an FIR on September 4, 2023, at a Police Station in Lucknow against the applicant and a journalist. The police investigation led to the filing of a charge sheet. Subsequently, the Chief Judicial Magistrate (CJM), Lucknow, took cognizance on it on August 27, 2025 and summoned Bhanvi Singh to face trial under Sections 500 (Defamation), 509 (Insult to modesty of a woman) and 120-B (Criminal Conspiracy) IPC. Challenging the proceedings, Bhanvi moved the HC, where Justice Lavania specifically took note of Section 22(2) of the Hindu Marriage Act, 1955, which requires that divorce proceedings be conducted in private. This provision strictly prohibits the publication of such proceedings, and in violation of the same, a fine of Rs. 1000/- is proposed.Apart from this, the Court also recorded the submission of the applicant's counsel that, legally, a complaint case should have been the appropriate route for defamation allegations rather than an FIR. Furthermore, noting that the matter concerns strained familial ties, Justice Lavania observed that the dispute is essentially "between two sisters" and opined that the matter "can be settled by way of mediation." Thus, finding merit in the plea for interim protection, the Court ordered that "Till the next date of listing, the proceedings in issue shall remain stayed qua the applicant." The High Court has also issued notices to Sadhvi Singh and Raja Bhaiya, granting them two weeks to file their counter-affidavits. Applicant-Bhanvi Singh has been given one week thereafter to file a rejoinder. Advocates Ayodhya Prasad Mishra AP Mishra, Jaylaxmi Upadhyay, Rituraj Mishra and Shesh Ram Verma, appeared for the applicant

Allahabad HC Stays Sister's Defamation FIR Proceedings Against Bhanvi Singh Over Claims In Divorce Suit With MLA Raja Bhaiya

Sparsh Upadhyay

Tags