New Delhi: In a landmark decision on Tuesday, the Supreme Court of India exercised its powers under Article 142 of the Constitution to dissolve the marriage between an Indian Police Service (IPS) officer and her estranged husband, bringing an end to a prolonged and acrimonious legal dispute. The apex court also quashed multiple civil and criminal cases filed by the couple against each other.
Supreme Court Invokes Article 142 for Complete Justice
The bench, headed by Chief Justice BR Gavai along with Justice Augustine George Masih, invoked Article 142 to ensure “complete justice” and facilitate an amicable settlement between the parties, who were married in 2015 but began facing serious marital discord from 2018 onwards.
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Custody of Daughter Granted to Mother, Father Given Supervised Visitation
The court observed that both parties expressed a desire to resolve their differences peacefully, including arrangements concerning the custody of their daughter. The bench granted custody of the child to her mother, the IPS officer, while allowing supervised visitation rights to the father and his family. The visitation is scheduled for the first Sunday of every month at the child’s school, initially under supervision for three months, followed by adjustments based on the child’s wellbeing.
IPS Officer Directed Not to Misuse Position
In a significant directive, the court cautioned the IPS officer against misusing her official position or influence of colleagues and superiors to initiate any proceedings against her husband or his family. She was instructed to refrain from leveraging her power in any capacity against them across any forum or authority.
Unconditional Apology Ordered to Husband and Family
The court mandated that the IPS officer and her family tender an unconditional public apology to the husband and his family. This was ordered in view of the hardship caused to the husband and his father, who reportedly spent time in jail due to cases filed by the wife. The apology is to be published in prominent national English and Hindi newspapers.
Waiver of Alimony and Quashing of Maintenance Order
On the financial front, the court noted that the wife had voluntarily waived her right to claim alimony, leading to the quashing of a previous High Court order that directed the husband to pay ₹1.5 lakh per month as maintenance.
All Pending Litigation Quashed to End Legal Disputes
To conclusively end the legal disputes, the Supreme Court quashed all pending criminal and civil cases filed by either party against the other, including those against the husband and his family, ensuring no further litigation related to this matter can continue.
Broader Dismissal of Related Cases and Future Litigation Barred
The bench also dismissed related cases filed by third parties, including those the couple might not be aware of. Furthermore, the court barred both spouses from filing any future cases related to these matters in any court, tribunal, or legal authority, thereby preventing any revival of the dispute through litigation.
