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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Speaker UT Khader attends local cricket tournament during Bhatkal visit
Bhatkal: Speaker of the Karnataka Legislative Assembly U. T. Khader visited Bhatkal in Uttara Kannada district on Saturday and attended a local cricket match being played as part of a tournament organised by the Cosmos Sports Centre of Bhatkal.
After attending a programme at Anjuman Hami-E-Muslimeen, Khader proceeded to the Bhatkal Taluka Stadium, where the tournament is underway. He was accompanied by office-bearers of the Cosmos Sports Centre and several local community leaders.
Those present during the visit included President of Majlis-e-Islah Wa Tanzeem and former JD(S) leader Inayathullah Shabandri, Vice President of Tanzeem Atiqur Rahman Muniri, General Secretary Abdul Raqeeb MJ, President of Cosmos Sports Centre Ismail Anjum, Managing Director of Mohtisham Complexes S. M. Arshad, former president of the Bhatkal Muslim Youth Federation Imtiyaz Udyawar, among others.
Addressing players and organisers, Khader extended his best wishes to the participating teams and urged the players to uphold the spirit of sportsmanship. He said such tournaments help promote unity and brotherhood among the youth.
The cricket tournament began on November 21 and will conclude with the final match on December 21. It is being organised as part of the golden jubilee celebrations of the Cosmos Sports Centre.
Cosmos Sports Centre is one of the member clubs of the Bhatkal Muslim Youth Federation and is known for its active role in promoting sports in the town. Apart from sporting activities, the centre is also involved in various social and community initiatives, including efforts to promote education among students.
