‘Women Need To Be Careful’: Supreme Court’s Stern Warning Against Misuse Of Laws In Matrimonial Disputes
The Supreme Court of India on Thursday emphasized that strict laws designed to protect women’s rights should not be used as tools for vengeance, extortion, or manipulation in matrimonial disputes. Justices BV Nagarathna and Pankaj Mithal observed that while marriage is considered a sacred institution in Hindu law, meant to be the foundation of a family, it should not be reduced to a “commercial venture.”
The bench made these remarks while dissolving the marriage between an estranged couple on the grounds of irretrievable breakdown. The court pointed out that many matrimonial disputes often involve the invocation of sections of the Indian Penal Code, including rape, criminal intimidation, and cruelty. These provisions, which are meant to protect and empower women, were being misused by some women to further their own agendas, the bench noted.
“The women need to be careful about the fact that these strict provisions of law in their hands are beneficial legislations for their welfare and not means to chastise, threaten, domineer, or extort from their husbands,” the court stated, adding that it had condemned such misuse of criminal laws in previous rulings.
The bench’s observations came in the context of a case where the husband was ordered to pay ₹12 crore as permanent alimony to his estranged wife, as a full and final settlement for all her claims. However, the judges noted that in some cases, wives and their families use criminal complaints, including serious charges, as leverage to get their husbands and their families to meet financial demands. The bench also highlighted concerns about the police’s tendency to act hastily in such cases, often arresting not just the husband but also his elderly relatives, with trial courts sometimes refusing bail due to the perceived severity of the charges.
“The collective effect of this chain of events is often overlooked, and even minor disputes can escalate into prolonged battles, leading to a breakdown of the relationship with no hope of reconciliation,” the bench said.
The case involved a request by the wife to transfer a divorce petition from Bhopal to Pune, where the husband had sought dissolution of marriage. The court noted that the couple’s marriage had never truly been established, citing the lack of continuous cohabitation.
In terms of alimony, the wife had claimed that her estranged husband, with an estimated net worth of ₹5,000 crore, had paid his first wife ₹500 crore in their separation. The court raised concerns about the practice of seeking alimony based on the spouse’s wealth, pointing out that such claims are often made when the spouse is financially successful.
After considering all factors, the court approved the family court’s ruling of ₹10 crore as the quantum of alimony, with an additional ₹2 crore for the wife to acquire another flat. The bench also quashed the criminal cases filed by the wife against the husband, effectively closing the chapter on their legal disputes.