A Delhi court on Wednesday rejected a plea by Union Finance Minister Nirmala Sitharaman to bar Aam Aadmi Party (AAP) leader and Advocate Somnath Bharti from representing his wife, Lipika Mitra, in the defamation case filed against her by Mitra.
Additional Chief Judicial Magistrate (ACJM) Paras Dalal of the Rouse Avenue Court said that in the eyes of law, husband and wife are two separate individuals having different proprietary and pecuniary interests.
Although one may argue that both are interested in each other’s rights and interests, the same cannot be questioned to be unethical and immoral, the Court said.
“This Court finds no bar to spouse prosecuting for or defending his/ her spouse. There is no bar to even claim for maximum possible punishment or compensation, even when spouse is defending or prosecuting for his/ her spouse. In law, the husband and wife are two separate natural person and their pecuniary interests may be different,” the Court said.
Sitharaman had sought directions to direct Bharti to withdraw as Mitra’s counsel, citing his marital relationship with the complainant and potential pecuniary interest. She had argued that Bharti could be called as a witness in the case, which would result in a conflict of interest.
However, the Court noted Mitra's submission that Bharti is not in the list of witnesses and that she has no intention to call him to the witness box.
The Court said that Sitharaman can watch the defamation proceedings, but will not be heard till it examines the complainant and the witnesses.
“The proposed accused accordingly, may watch the proceedings of the present case, but she cannot be heard until complainant and witnesses are examined, subject to condition that prima facie case is made out to proceed to such stage.”
Further, the Court also rejected an application moved by Mitra to waive costs of ₹5,000 imposed earlier for non-appearance.
"This Court is thus not inclined to allow the present application. The same is rejected and cost imposed vide Order dated 16.07.2025 be paid by the complainant side by the next date of hearing," the judge said.
Mitra has sued Sitharaman for "making and publishing defamatory, derogatory and libelous remarks in print and electronic media" against her and Bharti during the 2024 Lok Sabha elections. It has been alleged that for political gains, the Bharatiya Janata Party (BJP) leader had wrongly spoken about alleged marital discord between Mitra and Bharti.
Advocates Anand Prakash Gautam and Samta Sharma appeared for Mitra along with Bharti.
Advocates Zoheb Hossain, Sanjeev Menon and Satyam appeared for Sitharaman.
[Read Order]