Supreme Court, invoking Article 142, quashes over 30 cases in high-profile matrimonial dispute, orders public apology from IPS officer wife

In Rare Move, Supreme Court Quashes 30+ Cases to Settle Bitter Matrimonial War, Orders Public Apology from IPS Officer Wife

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.

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Background of the Dispute

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.

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The Court's Intervention for 'Complete Justice'

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.

Key Terms of the Landmark Settlement

The court’s order laid down a detailed roadmap for peace between the families:

1. Quashing of All Litigation: All pending civil and criminal proceedings filed by the parties and their families against each other, totaling over 30 cases, were quashed. This included all FIRs, DV complaints, and even third-party cases linked to the matrimonial discord.
2. Custody and Maintenance: The wife was granted sole custody of their 8-year-old daughter. She voluntarily waived her right to alimony and any maintenance for the child, leading the Court to quash a High Court order that had directed the husband to pay Rs. 1,50,000 per month in child support.
3. Public Apology: The Court directed the wife and her parents to publish a pre-drafted, unconditional apology in one English and one Hindi national newspaper, as well as on social media platforms. The order specified that the apology was to bring "amicable closure" and would not be construed as an admission of liability or used against her in any future proceedings.
4. Property Transfer: The wife’s mother is required to transfer a parcel of agricultural land in Aligarh to the husband via a gift deed, with the husband bearing all associated costs.
5. Conduct of IPS Officer: The Court explicitly directed the wife to not use her position as an IPS officer against the husband or his family in any manner.
6. Endorsement of 'Family Welfare Committee' Guidelines: The bench upheld the guidelines framed by the Allahabad High Court for constituting 'Family Welfare Committees' to act as a buffer and prevent the misuse of Section 498A IPC, directing authorities to implement them.

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Final Decision and Implications

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.