Case Law
Subject : Litigation - Civil Law
New Delhi: In a sweeping judgment aimed at ending a "protracted legal battle," the Supreme Court, exercising its extraordinary powers under Article 142 of the Constitution, has dissolved the marriage between an IPS officer and her husband and quashed more than 30 civil and criminal cases filed by the couple and their families against each other.
A bench of Chief Justice of India B.R. Gavai and Justice Augustine George Masih , in the case of Shivangi Bansal vs. Sahib Bansal , approved a comprehensive settlement that included quashing serious criminal allegations like attempt to murder and rape. In an unusual move, the Court directed the wife, Shivangi Bansal, and her parents to issue a public apology in national newspapers to the husband and his family for the "physical and mental trauma and harassment" they endured, which included jail time.
The case involves a high-conflict matrimonial dispute between Shivangi Bansal, an IPS officer, and her husband, Sahib Bansal, who married in 2015 and separated in 2018. The separation triggered a multi-front legal war, with the parties filing a staggering number of cases in courts across Delhi and Hapur, Uttar Pradesh.
The wife had initiated numerous proceedings, including: - An FIR with grave charges under IPC Sections 498A (cruelty), 307 (attempt to murder), 376 (rape), and 377 (unnatural offenses). - Multiple complaints under the Protection of Women from Domestic Violence Act. - Petitions for divorce and maintenance for their minor daughter.
The husband and his family retaliated with their own legal actions, including: - FIRs for abduction, assault, and criminal intimidation. - A defamation suit. - A writ petition in the Delhi High Court challenging the wife's IPS candidature. - A divorce petition and a guardianship petition.
The dispute also ensnared third parties, leading to additional cases involving defamation and allegations under the SC/ST Act.
Observing that the husband and his father had been incarcerated for 109 and 103 days respectively, the bench noted, "What they have suffered cannot be resituated or compensated in any manner."
Faced with a web of litigation that showed no signs of ending, the parties agreed to a global settlement. The Supreme Court invoked its plenary powers under Article 142 to grant a "divorce by mutual consent" and bring all hostilities to a close.
The court’s order laid down a detailed roadmap for peace between the families:
By dissolving the marriage and quashing all associated litigation, the Supreme Court has provided a conclusive end to a bitter and destructive family dispute. The judgment stands out for its extensive use of Article 142 to deliver "complete justice" where conventional legal routes had only led to an impasse.
The order for a public apology, the waiver of child maintenance by a financially independent mother, and the explicit directions concerning the conduct of a public servant underscore the Court's pragmatic and robust approach to resolving complex matrimonial conflicts that have spiraled out of control.
#Article142 #MatrimonialDispute #Sec498A
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