Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 1102

SUPREME COURT OF INDIA
B.R. GAVAI, CJI, AUGUSTINE GEORGE MASIH, J.
Shivangi Bansal – Appellant
Versus
Sahib Bansal – Respondent
Transfer Petition (C) No. 2367 of 2023, Transfer Petition (Crl.) Nos. 631-633 of 2023, SLP (Crl.) No. 7869 of 2022, SLP (Crl.) No. 11848 of 2022, SLP (Crl.) No. 2282 of 2023
Decided On : 22-07-2025

Advocates appeared:
For the Petitioner(s): Mr. Gaurav Jain, Adv. Ms. Abha Jain, AOR Mr. Sumit Srivaastava, AOR Mr. Sanjeet Kumar Trivedi, AOR Mr. Hemant Gupta, Adv. Mr. Sudarshan Rajan, AOR Ms. Srishti Sharma, Adv. Mr. Mahesh Kumar, Adv. Mr. Ashutosh Gupta, Adv. Ms. Ria Setiya, Adv. Mr. Ramesh Rawat, Adv. Mr. Hitain Bajaj, Adv. Mr. Sambhav Sharma, Adv.
For thr Respondent(s): Dr. Vijendra Singh, AOR Mr. Harsh Pratap Shahi, Adv. Mr. Ramesh Thakur, Adv. Mr. Vikas Bansal, Adv. Ms. Apurva Singh, Adv. Mr. Ghanshyam Singh, Adv. Mr. Aniket Tiwari, Adv. Mr. Sanjeet Kumar Trivedi, AOR Mr. Hemant Gupta, Adv. Mr. Sumit Srivaastava, AOR Mr. Sudarshan Rajan, AOR Mr. Akshat Srivastava, AOR

IMPORTANT POINT
Cruelty and dowry offences – Misuse of legal provisions against husband and his near and distant relatives – After lodging of F.I.R. or complaint case without exhausting “Cooling-Period” of two months, no arrest or any coercive action shall be taken against husband or his family members in order to derail proceedings before Family Welfare Committee(FWC) – Every complaint or application under Section 498A IPC and other allied sections, be immediately referred to Family Welfare Committee by concerned Magistrate.

Headnote:
Indian Penal Code, 1860 – Section 498-A – Dowry Prohibition Act, 1961 – Sections 3 and 4 – Protection of Women from Domestic Violence Act, 2005 – Section 12 – Cruelty and dowry offences – Misuse of legal provisions against husband and his near and distant relatives – After lodging of F.I.R. or complaint case without exhausting “Cooling-Period” of two months, no arrest or any coercive action shall be taken against husband or his family members in order to derail proceedings before Family Welfare Committee(FWC) – Every district shall have at least one or more FWC (depending upon geographical size and population of that district constituted under District Legal Aid Services Authority) – Every complaint or application under Section 498A IPC and other allied sections, be immediately referred to Family Welfare Committee by concerned Magistrate – After receiving complaint or FIR, Committee shall summon contesting parties along with their four senior elderly persons to have personal interaction and would try to settle down issues/misgivings between them within a period of two months from its lodging – Contesting parties are obliged to appear before Committee with their four elderly persons (maximum) to have serious deliberation between them with aid of Members of Committee – Member of FWC shall never be called as a witness – Investigation of FIRs or complaint containing Section 498A IPC and other allied sections, shall be investigated by Dynamic Investigating Officers whose integrity is certified after specialized training not less than one week to handle and investigate such matrimonial cases with utmost sincerity and transparency – When settlement is reached between parties, it would be open for District & Sessions Judge and other Senior Judicial Officers nominated by him in the district to dispose of proceedings including closing of criminal case. [Directions issued by High Court of Allahabad in Para 35 of Judgment dated 13.06.2022 in Criminal Revision No. 1126 of 2022 (Mukesh Bansal Vs. State of U.P.)] (Para 26)
Facts of the case:
This is a case of matrimonial discord between estranged spouses. After years of litigation and rancour, both parties wish to amicably resolve all disputes, including matters of child custody, and settle all pending litigations with full and final satisfaction to avoid any future litigation and maintain peace between them, in present proceedings itself.
Findings of Court:
It is appropriate to invoke power under Article 142 of Constitution of India and order for dissolution of marriage between Shivangi Bansal/Shivangi Goel and Sahib Bansal. Decree of divorce shall be drawn up accordingly.
As a result of the cases filed by wife, Husband remained in jail for a period of 109 days and his father for 103 days and entire family suffered physical and mental trauma and harassment. What they have suffered cannot be resituated or compensated in any manner. Shivangi Bansal/Shivangi Goel and her parents shall tender an unconditional apology to the husband and his Family members which shall be published in the national edition of the renowned one English and one Hindi newspaper. Such apology shall also be published and circulated on all social media platforms like Facebook, Instagram, YouTube and other similar platforms. The expression of apology herein shall not be construed as an admission of liability and shall have no bearing on the legal rights, obligations, or consequences arising under law. The apology shall be published within 3 days from the date of this Order.
Result : Transfer Petitions and Special Leave Petitions disposed of with directions and observations. Criminal proceedings quashed.

JUDGMENT :

AUGUSTINE GEORGE MASIH, J.

1. The Transfer Petition (C) No. 2367 of 2023 has been filed by the wife - Shivangi Bansal/Shivangi Goel for transfer of HMA No. 1395/2020, titled as Sahib Bansal vs. Shivangi Bansal seeking transfer of the case from the Principal Judge, Family Court, Rohini Court, Delhi to the Court of competent jurisdiction at Hapur (Uttar Pradesh). On the other hand, TP (Crl.) No. 631-633 of 2023 is filed by the husband Sahib Bansal seeking transfer of (i) ST No. 19/2020 arising out of FIR No. 567/2018 lodged at PS Pilakhwa, Hapur titled State vs. Manju Bansal and Others pending before Additional District and Sessions Judge, Fast Track Court-I, Hapur; (i) CC No. 248/2019 under the DV Act titled as Shivangi Bansal and Another vs. Sahib Bansal pending before the Judicial Magistrate First, Hapur, UP and (iii) Complaint No. 3692/2020 u/s 406 IPC titled as Shivangi Bansal vs. Sahib Bansal and Others pending before the CJM, Hapur Court, UP, to the competent District Court Rohini in Delhi.

2. Additionally, SLP (Crl.) No. 7869 of 2022 and 11848 of 2022 have been filed by Shivangi Bansal/Shivangi Goel against the order dated 13.06.2022 passed by the High Court of Allahabad, allowing the revision petitions filed by Mukesh Bansal (father of Sahib Bansal/Cr. Revision no. 1122 of 2022) and Manju Bansal (mother of Sahib Bansal/ Cr. Revision No. 1187 of 2022), respectively. Further, SLP (Crl) No. 2282/2023 has been filed by Sahib Bansal against the order dated 13.06.2022 passed by the Hon'ble High Court of Allahabad rejecting the revision filed by Sahib Bansal (Cr. Revision no. 1126 of 2022).

3. The brief facts leading to the petitions are as follows:

3.1 The petitioner-wife and Respondent-husband were married on 05.12.2015 at the Umrao Farmhouse, Delhi as per Hindu rites and customs. A daughter namely Ms. Raina (minor) was born out of the wedlock on 23.12.2016 at Fortis Hospital, Shalimar Bagh, New Delhi, who is presently 8 years old. After their marriage, the parties resided at 44, Kapil Vihar, Pitampura, Delhi-110034, which was their matrimonial home along with the parents of the husband/Sahib Bansal and thereafter, from 30.04.2017 the parties along with their daughter started residing at 130, Rajdhani Enclave, Pitampura Delhi 110034.

3.2 Owing to matrimonial discord and several disputes arising between the parties and their family members, they separated on 04.10.2018, and since then they have been living separately.

4. After their separation, the parties have filed several cases/complaints/legal proceedings etc. against each other and their family members before various Courts/Authorities, out of which several cases/complaints/proceedings are pending, the details whereof are provided herein-below:

(A) Cases filed by the Wife against the Husband and his family members/relatives:

(i) State vs. Manju Bansal & Ors. (FIR No. 567/2018): Criminal case under IPC Sections 498A, 323, 504, 506, 307, 376, 511, 120B, 377, 313, 342 and Sections 3 & 4 of the Dowry Prohibition Act; pending before the Additional Sessions Judge, Fast Track Court-1, Hapur, UP.

(ii) Shivangi Bansal & Anr. vs. Sahib Bansal & Ors. (CC No. 248/2019): Domestic Violence case under Section 12 of the Protection of Women from Domestic Violence Act filed before Judicial Magistrate First, Hapur, UP.

(iii) Shivangi Bansal & Anr. vs. Sahib Bansal (CC No. 285/2020): Continued domestic violence proceedings pending before Judicial Magistrate, Fast Track Second, Hapur, UP.

(iv) Shivangi Bansal & Anr. vs. Sahib Bansal & Ors. (CC No. 769/2019): Separate DV case against family members of Sahib Bansal pending before Judicial Magistrate, Fast Track Second, Hapur, U.P.

(v) Shivangi Bansal vs. Sahib Bansal & Ors. A227 (7618/2021) Complaint under Section 406 IPC): Criminal complaint for criminal breach of trust pending before Chief Judicial Magistrate, Hapur, U.P.

(vi) Shivangi Bansal vs. State of UP & Ors. (Complaint Case No. 3692/2020): complaint filed by Shivangi Bansal under Sectio