Supreme Court Dissolves Marriage Of Woman IPS Officer; Orders Unconditional Apology To Be Tendered For Harassment Suffered By Husband & His Family
The Transfer Petition before the Supreme Court was filed by the wife for the transfer of a case from the Family Court, Delhi to the Court of competent jurisdiction at Uttar Pradesh.
Chief Justice Of India B.R. Gavai, Justice Augustine George Masih, Supreme Court
While passing an order for dissolution of marriage, the Supreme Court has asked a woman IPS Officer and her parents to tender an unconditional apology to the husband and his family members for the physical and mental harassment caused to them. The Apex Court noted that due to cases filed by the wife, the husband remained in jail for 109 days and his father for 103 days.
The Transfer Petition before the Supreme Court was filed by the wife for the transfer of a case from the Principal Judge, Family Court, Rohini Court, Delhi to the Court of competent jurisdiction at Hapur (Uttar Pradesh). Another petition was filed by the husband for transfer of the case pending before the CJM, Hapur Court, UP to the competent District Court Rohini in Delhi.
The Division Bench of Chief Justice Of India B. R. Gavai and Justice Augustine George Masih said, “As a result of the cases filed by the wife, the Husband remained in jail for a period of 109 days and his father for 103 days and the entire family suffered physical and mental trauma and harassment. What they have suffered cannot be resituated or compensated in any manner.”
Senior Advocate Siddharth Luthra represented the Appellant while AOR Vijendra Singh represented the Respondent.
Factual Background
The petitioner-wife and Respondent-husband were married in 2015 as per Hindu rites and customs. A daughter was born out of wedlock, who is presently 8 years old. After their marriage, the parties resided at their matrimonial home in Delhi along with the parents of the husband. Owing to matrimonial discord and several disputes arising between the parties and their family members, they separated in 2018.
The parties filed several cases/ complaints/ legal proceedings against each other and their family members before various Courts/ Authorities, out of which several cases/ complaints/ proceedings are pending. The cases pertained to various provisions under the Indian Penal Code, Protection of Women from Domestic Violence Act and Hindu Marriage Act.
Reasoning
The Bench noted that since the separation of the parties on October 04, 2018, their daughter has been under the custody of the mother. “In that view of the matter, it is hereby ordered that the mother shall have the custody of the child”, the Bench held while granting visitation rights to the father.
It was further noticed that the wife had voluntarily agreed to take care of all the expenses of the daughter. The Bench thus quashed the order of maintenance of Rs 1,50,000 per month. To bring an end to the protracted legal battle between the parties and to secure complete justice, the Bench quashed all pending criminal and civil litigations filed by either party against the other, including but not limited to those against the Wife, the Husband, and his family members, in any court or forum in India. Some of those were held to be withdrawn.
“The Court hereby directs that police protection shall be provided to the Husband and his family”, it further ordered.
The Bench also ordered that the appellant would never use her position and power as an IPS officer or any other position that she may hold in future, the position and power of her colleagues/superiors or other acquaintances anywhere in the country, against the husband, his family members and relatives by way of initiating any proceedings.
The Court directed the Appellant and her parents to tender an unconditional apology to the husband and his Family members, which shall be published in the national edition of the renowned English and one Hindi newspaper. “Such apology shall also be published and circulated on all social media platforms like Facebook, Instagram, YouTube and other similar platforms”, it said.
Thus, in terms of such directions and conditions/settlement, the Court invoked its power under Article 142 of the Constitution and ordered the dissolution of marriage between the parties.
Cause Title: A v. B (Neutral Citation: 2025 INSC 883)
Appearance
Appellant: Senior Advocates Siddharth Luthra, Vikas Singh, Advocate Gaurav Jain, AOR Abha Jain, AOR Sumit Kumar, AOR Sanjeet Kumar Trivedi, Hemant Gupta, Advocates Deepika Kalia, Vasudha Singh, Sudip Chandra, AOR Sudarshan Rajan, Mahesh Kumar, Srishti Sharma
Respondent: Senior Advocate Vikas Singh, AOR Vijendra Singh, Advocates Vikas Bansal, Ramesh Thakur, Ghanshyam Singh, Harsh Pratap Shahi, Krishna Pandey, AOR Sudarshan Rajan, AOR Sanjeet Kumar Trivedi, Advocates Hemant Gupta, Deepika Kalia, Vasudha Singh, Sudeep Chandra, Sudip Chandra, AOR Sumit Kumar, AOR Akshat Srivastava