Headline
The Supreme Court of India criticises misogynistic language in the ruling of Void Marriage .
Summary
The Supreme Court of India has condemned the judgement of Bombay High Court for using misogynistic language against a woman in a void marriage, like an “illegitimate wife” or “faithful mistress.” The Supreme Court stated that such language violates Article 21 of the Indian Constitution, which provides dignity to all individuals.
Key Facts
- Case Name: Sukhdev Singh vs. Sukhbir Kaur
- Judges Name: Justice Abhay S. Oka, Justice Ahsanuddin Amanullah, Justice Augustine George Masih
- The Supreme Court of India held that permanent alimony can be provided U/S 25 of the Hindu Marriage Act (HMA), 1955, even if the marriage is declared void.
- The Supreme Court declined the Bombay High Court’s 2004 ruling in Bhausaheb @ Sandhu S/o Raguji Magar v. Leelabai W/o Bhausaheb Magar (AIR Bom. 283 (FB)).
Legal Insights
- No insulting terms should be used for women in legal proceedings.
- Article 21 of Indian Constitution provides dignity, even in void marriages.
- Permanent alimony is allowed even if the marriage is legally invalid.
Impact
The ruling of the Supreme Court of India upholds gender justice and demotivates stereotypical language in judgments. It focuses on dignity and equality for all individuals in void marriages.
Why It Matters
This decision sticks with the Supreme Court’s Handbook on Combating Gender Stereotypes, encouraging fairness and respect in legal discourse.
Source:
Read also– Void marriages
