Supreme Court directs public apology from IPS officer to ex-husband for false 498A charges and harassment.
Case in News
Supreme Court orders apology in 498A case, ending legal battle between IPS officer and ex-husband .
Case Overview
Case Name– Shivangi Bansal versus Sahib Bansal
In a significant move, the Supreme Court of India has directed an Indian Police Service (IPS) officer and her parents to issue a public apology for misusing legal provisions against her former husband and his family . The apex court took note of the serious harassment suffered by the husband and his father, both of whom were imprisoned for extended periods due to the wife’s allegations under Section 498A IPC . The Bench comprising Chief Justice BR Gavai and Justice Augustine George Masih, dissolved the marriage and settled all related disputes .
Key Aspects
Before delving into the legal reasoning, the Court examined the series of events and disputes that unfolded between the estranged couple . The facts revealed prolonged litigation, jail time and emotional strain on both families .
- Husband and father-in-law jailed following complaint under Section 498A IPC .
- Multiple criminal and civil cases filed by both parties post-separation in 2018 .
- Child custody, property, and alimony were points of contention .
- The wife agreed to waive maintenance and property claims .
- The matter was finally settled amicably through mutual understanding .
Legal Insights
The case brought important legal provisions into focus especially regarding marital disputes and the power of the apex court to deliver complete justice . The Court carefully balanced the misuse of legal provisions with the right to remedy .
- Section 498A of the Indian Penal Code (IPC), 1860 – Deals with cruelty by a husband or his relatives towards a woman; often misused in matrimonial conflicts .
- Article 142 of the Constitution of India – Empowers the Supreme Court to pass any order necessary to do complete justice in any matter .
- Section 13B of the Hindu Marriage Act, 1955 – Though mutual consent divorce was not formally filed, the Court dissolved the marriage under Article 142 .
- The Court stated that the apology shall not be treated as an admission of guilt or liability in any pending or future legal context .
Court’s Verdict
The Supreme Court of India invoked Article 142 to dissolve the marriage and bring an end to all litigations between the parties . It ordered the IPS officer and her parents to issue a public apology in leading Hindi and English newspapers and on major social media platforms within three days . The mother was given full custody of the child, while the father was granted supervised visitation rights . The wife also gave up any claim to alimony or the husband’s property concluding one of the rarest resolutions involving misuse of Section 498A IPC .
Source – Supreme Court of India
Read also – Article 142 of the Constitution of India
