An action for damages filed by a grandfather against the mother of his granddaughter over alleged slander was dismissed after a court ruled that no action for damages could be upheld over words said in the course of a separation case.

Magistrate Francesco Depasquale delivered this judgment in the case filed by FX against his daugther-in-law JX.

FX asked the court to find that the allegations made by JX to third parties that he had abusively abducted her new born baby were slanderous and to award him damages.

On her part JX pleaded that any allegations she had made were covered by privilege and exempt from proceedings as they had been said in the course of separation proceedings between herself and her husband, MX, who was FX's son.

The court heard that the case was the result of the separation proceedings between JX and MX. The couple were married when they had a baby daughter. When she was only three weeks old the couple had argued and MX had taken his daughter and taken her to FX's home. JX had filed a police report about this and had told the police that her daughter had been kept away from her for a number of weeks.

In the course of the separation proceedings between the parties JX had told the court appointed social worker that she objected to her husband taking the daughter to FX's house. At no time, said the social worker, had JX alleged that FX had abducted her daughter. JX had told the social worker that her husband MX had taken the child and had kept her at FX's home.

In yesterday's judgment Magistrate Depasquale said that this case ought never to have been filed, as the allegations made by JX had been made in the course of judicial proceedings and were therefore covered by privilege. Furthermore, the most important witness, MX, had never been asked to testify.

The fact that FX had filed these proceedings was a clear attempt on his part to intimidate JX and to stop her from fighting for her rights and those of her daughter.

FX's claim was therefore dismissed.