On Tuesday, in an extraordinary exercise of powers under Article 142 of the Constitution, the Supreme Court dissolved the marriage between IPS officer Shivangi Bansal and Sahib Bansal, while ordering the former and her parents to issue an unconditional public apology for causing prolonged harassment and incarceration of the husband and his family members.
The Court directed that the apology be published “in the national edition of the renowned one English and one Hindi newspaper” and “on all social media platforms like Facebook, Instagram, YouTube and other similar platforms” within three days. The Bench, comprising Chief Justice B R Gavai and Justice Augustine George Masih, added that while the apology was mandated as part of the settlement, “the expression of apology shall not be construed as an admission of liability and shall have no bearing on the legal rights, obligations or consequences arising under law.”
Following the breakdown of the marriage within three years of its solemnisation in 2015, the parties became embroiled in extensive and adversarial litigation spanning multiple forums and jurisdictions. Allegations ranged across criminal, civil, and matrimonial domains, including charges under Sections 498A, 307, 376, 377 of the Indian Penal Code, 1860, and provisions of the Dowry Prohibition Act, 1961. The Supreme Court took note of the fact that the husband and his father had suffered incarceration for 109 and 103 days, respectively, in connection with these proceedings. “What they have suffered cannot be resituated or compensated in any manner,” the Court observed, while also recording that the entire family had suffered “physical and mental trauma and harassment.”
Bringing an end to the acrimony, the Court quashed all pending litigation between the parties and their relatives, including FIRs, criminal complaints, matrimonial disputes, and defamation actions. It directed that any related proceedings, even those unknown to one of the parties at the time, stand terminated by virtue of the order. The parties were also restrained from initiating any future proceedings, and violations were made explicitly punishable as contempt of court. Custody of the minor daughter, born in 2016, was granted to the mother. The father and his family were given supervised visitation rights and allowed to spend half of the child’s vacation time with her. The wife waived all claims to maintenance or alimony for herself and her daughter, and the Supreme Court quashed the ₹1.5 lakh monthly maintenance awarded earlier by the Allahabad High Court.
Additionally, the Court recorded the agreement for transfer of disputed agricultural land, by the wife’s mother to the husband via gift deed. The husband was directed to bear the cost of litigation concerning the said property.
Taking note of the wife's position as an IPS officer, the Court directed that “Shivangi Bansal/Shivangi Goel shall never use her position and power as an IPS officer or any other position that she may hold in future, position and power of her colleagues/superiors or other acquaintances anywhere in the country, against the husband, his Family Members and Relatives by way of initiating any proceedings before any Authority or Forum through any third party/official or causing any bodily or mental injury to the husband and his family, in any manner whatsoever."
In a cautionary note aimed at public misuse of matrimonial laws, the Court allowed the continuation of the Allahabad High Court’s guidelines on Family Welfare Committees to examine complaints under Section 498A IPC, stating that these “shall remain in effect and be implemented by the appropriate authorities.”
Case Title: Shivangi Bansal Vs. Sahib Bansal
Case No.: Transfer Petition (C) No. 2367 of 2023
Coram: CJI B. R. Gavai And Justice Augustine George Masih
Advocate for Petitioner: Senior Advocate Sidharth Luthra
Advocate for Respondent: Senior Advocate Vikas Singh
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