Legal provisions shouldn't be tools for extortion in matrimonial cases: Supreme Court
New Delhi: The Supreme Court on Thursday expressed concern over the increasing misuse of strict legal provisions, including those related to dowry harassment, rape, unnatural sex, and criminal intimidation, in matrimonial disputes. A bench comprising Justices B V Nagarathna and N Kotiswar Singh noted that these offences are often invoked collectively as a negotiation tool in marital conflicts, a practice condemned by the court on multiple occasions.
The bench emphasised that these laws are beneficial legislations intended for the welfare of women and should not be used as a means to intimidate or extort their husbands. "In certain cases, criminal complaints with serious allegations are used as tools to compel the husband and his family to meet demands, often monetary in nature," the court said.
It was observed that some complaints arise from emotions following marital discord, while others are part of calculated strategies devised by external stakeholders. The court also criticised the tendency of police to arrest individuals, including elderly and bedridden relatives, without adequate investigation, and trial courts for hesitating to grant bail due to the "gravity of offences" mentioned in complaints.
The court remarked that such practices escalate minor disputes into irreparable conflicts, making reconciliation impossible. "These battles of ego and reputation often result in the relationship turning irreparably sour," the bench added.
In the present case, the court granted a divorce to a couple whose marriage in 2021 (a second marriage for both) quickly deteriorated. The wife had filed cases of rape and unnatural sex against her husband and his octogenarian father. The husband, a US-based IT consultant, was briefly jailed due to the complaints.
While opposing the divorce plea, the wife sought permanent alimony, citing her husband's substantial wealth. She claimed he had a net worth of ₹5,000 crores and had previously paid ₹500 crores to his first wife as alimony.
The bench stated that alimony cannot be determined solely based on the husband's wealth or past payments to an ex-spouse. The Pune Family Court had assessed ₹10 crore as permanent alimony, which the Supreme Court upheld. Additionally, the husband was directed to pay ₹2 crore for the wife to acquire a new flat, as she was ordered to vacate properties owned by her father-in-law.
The court reiterated that a wife is entitled to maintenance commensurate with her lifestyle during the marriage but not indefinitely at the husband's current status post-separation.
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UDF leaders see local body poll trends as pointer to 2026 Assembly elections in Kerala
Thiruvananthapuram (PTI): Buoyed by the strong performance of the Congress-led UDF in the local body polls, KPCC president Sunny Joseph said on Saturday that the front's results indicated the people had rejected the LDF government.
According to early trends, the UDF was leading in more grama panchayats, block panchayats, municipalities and corporations than the LDF.
The local body polls were held in two phases in the state earlier this week.
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Speaking to reporters here, Joseph said the people of Kerala had extended their support to the UDF.
"We could expose the LDF government’s anti-people stance and the people understood it. The LDF’s fake propaganda was rejected by the people. The UDF is moving towards a historic victory," he said.
He said a united effort, proper preparations, good candidate selection and hard work had resulted in the Congress and the UDF’s victory in the elections.
Asked about the prospects in the Thiruvananthapuram Corporation, Joseph said the party was studying the matter and would comment later.
LDF convenor T P Ramakrishnan said the results would be closely examined.
According to him, the government had done everything possible for the people.
"Why such a verdict happened will be examined at the micro level. People’s opinion will be considered and further steps will be taken," he said.
He added that decisions would be taken after analysing the results. "If any corrective measures are required, we will initiate them and move forward," he said.
AICC leader K C Venugopal said the results showed that people had begun ousting those who, he alleged, were responsible for the loss of gold at Lord Ayyappa’s temple.
"This trend will continue in the Assembly elections as well. It is an indication that the people are ready to bring down the LDF government," he said.
Venugopal said the UDF had registered victories even in CPI(M) and LDF strongholds.
"I congratulate all UDF workers for their hard work. Congress workers and leaders worked unitedly," he said.
Referring to remarks made by Chief Minister Pinarayi Vijayan against the Congress on polling day, Venugopal said the voters had responded through the verdict.
"I do not know whether the chief minister understands that the people are against him. Otherwise, he does not know the sentiment of the people. The state government cannot move an inch further," he said.
He said the results indicated a strong comeback for the UDF in Kerala.
Asked whether the Sabarimala gold loss issue had affected the LDF in the local polls, Venugopal said the CM and the CPI(M) state secretary did not take the issue seriously.
"We took a strong stand on the matter. The BJP played a foul game in it," he alleged.
On the BJP's role in the local body elections, Venugopal alleged that the party operated with the CPI(M) 's tacit support.
"The CPI(M) supported the central government on issues such as PM-SHRI, labour codes and corruption in national highway construction. The CPI(M) is facing ideological decline, and the state government’s policies are against the party’s own decisions," he said.
Meanwhile, LDF ally Kerala Congress (M) leader Jose K Mani said the party could not win all the wards it had expected in the elections.
He congratulated winners from all parties and said the party would closely examine the losses and identify shortcomings. "Later, we will take corrective measures," he added.
Senior Congress leader and MP Rajmohan Unnithan said the trends in the local body elections indicated that the UDF would return to power in the 2026 Assembly elections.
"We will win 111 seats as in 1977 and return to power in 2026. The anti-government sentiment of the people is reflected in the elections," he said.
Unnithan said the people were disturbed and unhappy with the present government.
"The trend indicates the end of the LDF government," he added.
CPI(M) MLA M M Mani said the people had shown ingratitude towards the LDF despite benefiting from welfare schemes.
"After receiving all welfare schemes and living comfortably, people voted against us due to some temporary sentiments. Is that not ingratitude," he asked.
Mani said no such welfare initiatives had taken place in Kerala earlier.
"People are receiving pensions and have enough to eat. Even after getting all this, they voted against us. This is what can be called ingratitude," he said.
Muslim League state president Panakkad Sayyid Sadiq Ali Shihab Thangal said the results were beyond expectations.
"The outcome points towards the Secretariat in Thiruvananthapuram, indicating that a change of government is imminent. We are going to win the Assembly election," he said.
