New Delhi, Jul 22 (PTI) The Supreme Court on Tuesday invoked its extraordinary powers to allow divorce to a woman IPS officer and her estranged husband as it quashed several civil and criminal cases they filed against each other.
A bench comprising Chief Justice B R Gavai and Justice Augustine George Masih further directed the woman IPS officer and her parents to tender an unconditional apology to the family of the estranged husband.
The bench was exercising powers under Article 142 of the Constitution to bring the curtain down on their acrimonious and protracted legal battles after their marriage solemnised in 2015 went kaput in 2018.
Article 142 empowers the top court to issue any order necessary for “complete justice” in any matter pending before it.
“In terms of the …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 top court said.
The bench took note of the submissions of both the parties wanting to amicably resolve disputes, including matters of child custody, and settle all pending cases to avoid any future litigation and maintain peace between them.
On the custody of their daughter, the bench said, “Mother shall have the custody of the child. The father…and his family shall have supervised visitation rights to meet the child for the first three months and thereafter based on the comfort and wellbeing of the minor girl child…, on the first Sunday of every month at the place of education of the child from 9:00 AM to 5:00 PM, or as permitted under the rules and regulations of the school.” It also considered the fact that the woman has voluntarily agreed to forgo her claim to any alimony from the husband.
The bench, as a result, quashed the high court order of Rs 1.5 lakh maintenance a month to the wife.
“To bring an end to the protracted legal battle between the parties and to secure complete justice, all pending criminal and civil litigations filed by either party against the other, including but not limited to those against the wife, the husband, and his family members, in any court or forum in India as mentioned in… are hereby quashed and/or withdrawn,” the top court ordered.
The bench further quashed cases filed by third parties against them aside from those not in the knowledge of either parties.
It also restrained the spouses from filing litigations in future arising out of present matters in any judicial or quasi-judicial or regulatory or administrative forum or any other forum.
The wife was directed to “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… in any manner whatsoever”.
The bench considered the fact that the husband and his father remained behind bars due to the cases filed by the IPS wife and asked her and her parents to tender an unconditional apology.
The apology was directed to be published in the national edition of a renowned English and Hindi daily. PTI SJK SJK AMK AMK
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