The Supreme Court, allowing the parties’ joint prayer for settlement, dissolved the marriage through ‘divorce by mutual consent’ under Article 142 of the Constitution, and quashed over 30 connected proceedings pending across jurisdictions. It also issued a series of binding directions, including a public apology from the IPS officer-wife and her parents.
The original cases arise out of a prolonged and high-conflict matrimonial dispute between the parties, who had married in 2015 and separated in 2018. Their daughter, born in 2016, had remained in the mother’s custody since separation. In the intervening years, the parties and their respective families had instituted a multitude of proceedings across different fora, including allegations under Sections 498A (cruelty), 406 (criminal breach of trust), 376 (rape), 354 (outraging modesty) of the Indian Penal Code, domestic violence complaints, maintenance claims, and defamation suits. The case ultimately evolved into a matrimonial settlement proceeding where the parties placed on record their compromise terms and requested final resolution of all pending disputes.
The Bench comprising Chief Justice BR Gavai and Justice AG Masih, invoking the Supreme Court’s plenary powers under Article 142, exercised its constitutional mandate to “do complete justice” between the parties. The Court’s decision underscores a strong stance against the misuse of criminal processes by the wife, who was serving as an IPS officer.
The Court noted that the husband and his father spent 109 and 103 days in jail as a result of the criminal cases filed by the wife. To address the moral and reputational harm caused, the Court directed the wife and her parents to issue a public apology, in the newspaper and on digital platforms, acknowledging the wrongful initiation of such proceedings. The judgment also imposed binding undertakings on both parties, restraining them from interfering in each other’s personal or professional lives or interests, and strictly prohibited any future litigation on the subject-matter.
The Court also undertook protective measures to avoid any further turmoil in the life of the minor girl due to the bitter matrimonial and family disputes between the parties. The wife waived all rights to alimony and maintenance, and retained full custody of the minor daughter. The husband and his family were granted structured visitation rights as part of the settlement.
The Supreme Court further directed that the guidelines framed by the Allahabad High Court in Criminal Revision No. 1126 of 2022 dated 13.06.2022 (paragraphs 32 to 38) regarding the constitution of Family Welfare Committees as a safeguard against the misuse of Section 498A of the IPC, shall continue to remain in force and be duly implemented by the concerned authorities.
Appearances:
Petitioner: Mr Sidharth Luthra, Senior Advocate, Sudarshan Rajan Advocate on Record
Respondent: Mr Vikas Singh, Senior Advocate
