Section 498A: Supreme Court directs IPS officer to issue public apology to ex-husband, his parents for harassment

In a rare order, the Supreme Court on Tuesday directed a woman and her parents to issue a public apology for the harassment caused by them to her former husband and his family members by initiating various cases against them.

The husband and his father had remained in jail for 109 and 103 days respectively in the cases registered by the woman. The Bench of Chief Justice of India (CJI) BR Gavai and Justice Augustine George Masih said that the entire family had suffered physical and mental trauma. 

Thus, it ordered the woman and her parents to publish an apology in newspapers and on social media platforms within three days. The woman is an Indian Police Service (IPS) officer.

“What they have suffered cannot be resituated or compensated in any manner. xxx and her parents shall tender an unconditional apology to the husband and his Family members which shall be published in the national edition of the renowned one English and one Hindi newspaper. Such apology shall also be published and circulated on all social media platforms like Facebook, Instagram, YouTube and other similar platforms,” the Court ordered. 

However, the Court also clarified that 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. 

The couple married in 2015 and have a daughter. Due to matrimonial discord and several other disputes between the couple and their family members, they separated in 2018. Thereafter, they filed several cases against each other and their family members.

The Court ordered that the mother shall have the custody of the child and the father and his family shall have supervised visitation rights. 

It further recorded the wife’s waiver of her claim to any alimony or maintenance from the husband. She also said that she would have no claim over property owned and possessed by the husband and his family members.

While bringing an end to the dispute, the Court also quashed the criminal and civil litigation filed by the parties against each other and imposed various other terms and conditions on them.

It Court also dissolved the couple’s marriage.

“In terms of the above observations, directions and conditions/settlement, we deem it appropriate to invoke our power under Article 142 of the Constitution of India and order for dissolution of marriage between...The decree of divorce shall be drawn up accordingly,” the Court ordered.

Senior Advocate Sidharth Luthra represented the wife.

Senior Advocate Vikas Singh appeared for the husband.  

[Read Judgment]