SC: Apology Ordered Over Misuse of 498A

SC Directs Wife & Her Family Members To Tender Apology To Husband & In-Laws For Cases Filed

Online Legal India LogoBy Online Legal India Published On 29 Jul 2025 Category News Author ADV Mohana Banerjee

While deciding on transfer petitions filed by a husband and wife—each seeking to shift their respective pending cases to courts in Rohini (Delhi) and Hapur (Uttar Pradesh)—the Supreme Court Bench comprising Chief Justice B.R. Gavai and Justice Augustine George Masih exercised powers under Article 142 of the Constitution to dissolve their marriage. The Court also upheld the validity and continuation of the guidelines issued by the Allahabad High Court in Mukesh Bansal v. State of U.P., 2022, concerning the establishment of Family Welfare Committees to prevent misuse of Section 498A IPC.

The Bench further instructed the wife, an IPS officer, not to misuse her official position against her husband or his relatives. Additionally, the Court directed the wife and her parents to offer an unconditional public apology to the husband and his family for the physical and mental suffering caused by multiple cases she had initiated—cases that led to the husband and his father being jailed for 109 and 103 days respectively. The Court clarified that this apology aims to provide an amicable end to the prolonged legal conflict and will not be used against the wife in any legal, quasi-legal, or administrative proceeding, now or in the future. Any violation of this condition would amount to contempt of court by the husband or his family.

Background:
The couple were married on 5 December 2015 in Delhi as per Hindu customs. They had a daughter on 23 December 2016, now 8 years old. Post-marriage, they resided in Pitampura, Delhi, with the husband’s parents. Due to increasing disputes and matrimonial discord, they separated on 4 October 2018 and have since lived apart. After the separation, both parties filed multiple cases against each other and their respective families—15 by the wife and 10 by the husband. Several of these cases remain pending, along with additional third-party proceedings arising from their disputes.

Court’s Observations and Orders:
Considering the volume of pending litigation and the expressed desire of both parties to amicably resolve all issues—particularly regarding custody and property—the Court accepted their agreement to settle all disputes comprehensively. Custody of the minor daughter was granted to the wife, while the husband and his family received supervised visitation rights for the first three months, which may be relaxed later based on the child’s comfort. Both parties were instructed to support the child's emotional well-being and not to obstruct visitation.

The wife voluntarily gave up her claim to alimony or maintenance, and also to any movable or immovable assets owned by the husband or his family now or in the future. Accordingly, the Supreme Court set aside the Allahabad High Court’s earlier order granting her Rs- 1.5 lakh per month as maintenance.

To bring closure, the Court ordered that all criminal and civil proceedings filed by either party—or third parties—be withdrawn or quashed. Both parties were also barred from initiating any future litigation related to the same issues in any forum. They further agreed not to interfere in each other’s personal or professional lives and not to cause harm to each other’s reputation or business interests.

The Court expunged adverse remarks against the wife from the Mukesh Bansal judgment and granted police protection to the husband and his family. SC directs wife & her family members to tender apology to husband & in-laws for cases filedwithout implying legal liability—published in one widely circulated national English and Hindi newspaper, and also on major social media platforms like Facebook, Instagram, and YouTube.

Finally, the Court granted the divorce and reinforced the application of the Allahabad High Court’s guidelines concerning Family Welfare Committees by the relevant authorities.

Case details: [Shivangi Bansal v. Sahib Bansal, 2025, decided on 22-7-2025]


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