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2026 INSC 1049 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL/CRIMINAL APPELLATE JURISDICTION CIVIL APPEAL NO. 13119 OF 2026 (@ SPECIAL LEAVE PETITION (C) NO. 1092/2024)

‘R’ …….Appellant(s)

Versus ‘E’ & Anr. ……. Respondent(s)

WITH CRIMINAL APPEAL NO. 4534 OF 2026 (@ SPECIAL LEAVE PETITION (Crl.) NO. 7710/2024)

CRIMINAL APPEAL NO. 4533 OF 2026 (@ SPECIAL LEAVE PETITION (Crl.) NO. 7711/2024)

CONTEMPT PETITION (CIVIL) NO. 208/2024 IN CIVIL APPEAL NO. 13119 OF 2026 (@ SPECIAL LEAVE PETITION (C) NO. 1092/2024)

AND CRIMINAL APPEAL NOS. 4535-4536 OF 2026 (@ SPECIAL LEAVE PETITION (Crl.) NOS. 10197-

Signature Not Verified 10198/2024)

ANITA MALHOTRA Date: 2026.09.24

14:08:01 IST Reason:

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J U D G M E N T

K. V. Viswanathan, J.

1) To be caught in the crossfire between warring parents would undoubtedly be a painful experience for any child. When the acrimony, however, is escalated to the level of unjustifiably attributing sexual assault of the child by one parent, the matter acquires a different dimension altogether. Quite apart from the trauma that the minor child is put through in the process, the accusation can damage the very fabric of the parent- child relationship and the resultant wound is bound to leave an indelible scar in the minds of both. This is independent of the hurt, humiliation and the public opprobrium the accused parent faces, even long after exoneration from the charges. What is alarming is that this tendency of making false accusations is on the rise. Instances are not infrequent where gullible parties are misguided by their advisors, including in some cases by recalcitrant legal professionals, who in their pursuit of the motto of “win at any cost”, end up fuelling the fire. The only objective is to tie up the accused spouse and their family members in knots with the foisted criminal case and ensure that they are kept busy with the Court process for a considerable period. Very often, the enraged parent who is engulfed by anger and blinded by ego falls prey to these machinations, oblivious to the consequences that may ensue. Some of the above attributes are present in this case. We have, in this judgment, endeavoured not just to find a solution to the case at hand but have also ventured to lay down certain safeguards, to check this growing menace.

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2) Leave granted. Let the names of the parties in the cause title except the first alphabet, be redacted.

BRIEF FACTS:-

3) The Husband, ‘R’ and Wife, ‘E’, who are the appellant and respondent in the Civil Appeal arising out of Special Leave Petition (C) No.1092 of 2024, got married in the year 2011. This was a second marriage for both of them. There were certain misunderstandings soon after the marriage; however, they appeared to have been sorted out since a child ‘M’

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was born in the year 2015.

4) Serious misunderstandings arose between the parties since 2017, and ultimately, on 02.04.2018, the Wife -‘E’ left the matrimonial home with the child ‘M’. The wife-‘E’ has a case that she was driven out of the house, after being assaulted. A criminal case was indeed registered, which was closed.

5) On 24.04.2018, the Husband-‘R’ filed Guardianship Petition under Section 25 of the Guardians and Wards Act, 1890 in G & WC No. 128/2018 before the Court of Principal Judge, Family Court, Bengaluru. A First Information Report (for short ‘the FIR’), bearing No. 165/2018, dated 05.06.2018, also came to be filed by the Husband-‘R’ against the Wife-‘E’ and one ‘S’ at Jayanagar Sub-Division, Bangalore City, Bangalore, under Sections 420, 497, 109, 504, 506, 418 read with Section 34 of the Indian Penal Code, 1860 (for short ‘the IPC’) and Sections 75 and 87 of the Juvenile Justice (Care and Protection of Children) Act, 2015, (hereinafter referred to as ‘the JJ Act’) wherein certain allegations were made.

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6) Later, on 07.07.2018, the Husband-‘R’, filed a Petition under Section 13(1)(1-A) of the Hindu Marriage Act, 1955, before the Court of Ist Additional Princi

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