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Justice Building, which houses courts including the Civil Court. (Atoll Times File Photo/Anoof Junaid)

Woman ordered to pay damages over unproven abuse claims

The defamation suit was filed by Mohamed Shareef, of H. Eliathvilla, against Aminath Nuha Ahmed, of Alivaage, V. Keyodhoo.

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The Civil Court on Friday ordered a woman to pay compensation to a man in a defamation case, after finding that she failed to prove allegations of physical and mental abuse published in a newspaper.

The defamation suit was filed by Mohamed Shareef, of H. Eliathvilla, against Aminath Nuha Ahmed, of Alivaage, V. Keyodhoo.

According to the court’s judgment, Nuha had given an interview to Mihaaru newspaper, which published an article containing the allegations. The article was later removed after information and documents showed that incorrect information had been published. Mihaaru also issued a statement apologising to Shareef.

Although the article is no longer available, the court noted that Nuha’s later social media posts revealed some of the allegations. These included claims that Shareef had physically and mentally abused her and that his children had been taken away in a manner not permitted by law. The court found that the allegations were made in posts that clearly identified Shareef by name, residence and place of employment.

Shareef sought compensation for defamation, claiming MVR 5,000 for non-material damage and additional material damages amounting to MVR 3,580,000 and USD 288,000, which he said represented income lost after a contract was cancelled following the allegations.

The court noted that Supreme Court jurisprudence places the burden of proof in defamation cases on the defendant. As Nuha failed to substantiate the allegations, the court held that the statements amounted to unproven claims that could harm reputation.

The judgment stated that Nuha had only submitted a case number relating to a complaint filed with police and had not provided evidence to support the allegations or the claimed level of financial loss.

The Civil Court ruled that compensation was payable for defamation but found no proof for the claimed material damages. It ordered Nuha to pay MVR 5,000 in compensation within one month.

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