Strict Women Laws Are Not Tools for Extortion: Supreme Court
December 19, 2024: New Delhi: The Supreme Court on Thursday underscored that strict provisions in laws for women’s welfare are intended to safeguard and empower them—not to “chastise, threaten, domineer, or extort” their husbands.
Delivering a judgment on the irretrievable breakdown of a marriage, a bench comprising Justices BV Nagarathna and Pankaj Mithal highlighted the sanctity of Hindu marriages as a sacred institution and not a “commercial venture.”
The court criticised the frequent invocation of sections of the Indian Penal Code, such as those related to rape, criminal intimidation, and cruelty against married women, as a “combined package” in matrimonial disputes. It noted that such misuse has been condemned in prior judgments.
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“The women must recognise that these strict provisions of law are beneficial legislations for their welfare and not a means to threaten or extort their husbands,” the court remarked.
The judgment also addressed concerns about law enforcement’s actions, pointing out that police often act swiftly in selective cases, leading to the arrest of husbands and even their elderly relatives. This, combined with the reluctance of trial courts to grant bail, escalates minor marital disputes into public ego battles, making reconciliation nearly impossible.
The bench dissolved the marriage between an estranged couple, citing the lack of cohabitation and the involvement of both parties and their families in multiple litigations.
The husband, whose net worth was claimed to exceed ₹5,000 crore, was ordered to pay ₹12 crore as permanent alimony to the wife. This included an additional ₹2 crore for purchasing another flat, as recommended by the family court in Pune.
While addressing the concept of alimony, the court expressed reservations about the growing trend of seeking maintenance as “equalization of wealth.” It questioned whether such demands would persist if the wealthier spouse faced financial misfortune post-separation.
The judgment emphasized that alimony calculations must consider various factors and cannot follow a rigid formula.
The court also quashed the criminal cases filed by the wife against her estranged husband, stressing the need to prevent matrimonial disputes from escalating into legal battles driven by malice or financial motives.
Tags:
Supreme Court judgment, women’s welfare laws, misuse of IPC sections, matrimonial disputes, alimony in India, Hindu Marriage Act, divorce settlement, sanctity of marriage, equalisation of wealth, legal misuse in marriage cases,
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