Supreme Court Orders IPS Wife & Her Parents To Issue Public Apology To Husband & In-Laws For False Criminal Cases

The Supreme Court today (July 22) ordered an IPS officer and her parents to issue an unconditional public apology to her ex-husband, and his family for the "physical and mental trauma" caused by multiple criminal cases filed against them during their matrimonial dispute.

The Court noted that  the husband was jailed for 109 days and his father for 103 days as a result of the criminal cases filed by the wife including serious charges under Sections 498A, 307, and 376 of the IPC.

It observed that "What they have suffered cannot be resituated or compensated in any manner” justifying the public apology as moral redress.

The wife had lodged six separate criminal cases against the husband and his family. In one FIR, allegations regarding domestic cruelty(S.498A IPC), atttempt to murder (S.307), rape (376) etc., were levelled. There were two criminal complaints filed alleging the offence of criminal breach of trust (S.406 IPC). Apart from these, there were three complaints under the Domestic Violence Act. The wife also filed Family Court cases for divorce, maintenance etc.

The husband had filed for divorce. Both the husband and the wife filed transfer petitions in the Supreme Court seeking transfer of the cases filed against the other to their own jurisdiction.

Deciding the matter, a bench comprising Chief Justice of India BR Gavai and Justice AG Masih observed :

“S__ 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 expression of apology herein 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 apology shall be published within 3 days from the date of this Order...”, the judgment delivered by a bench of CJI BR Gavai and Justice AG Masih observed.

Not only this, the bench also asked the Wife to tender the apology in the following form, without any alteration:

“I S...., D/o ___, R/o. ....., hereby sincerely apologise on my and on behalf of my parents for any of my words, action or stories which may have hurt or caused annoyance to the feelings of members of ___ family namely, ____. I understand that the various allegations and legal battles have created an atmosphere of animosity and have deeply impacted your wellbeing. While the legal proceedings have now concluded with the dissolution of our marriage and the quashing of pending litigations between the parties, I understand that the emotional scars may take time to heal. I sincerely hope that this apology can be a step towards finding some peace and closure for all of us. It is regretted and I sincerely hope for peace and an amicable future for both the families. For peace, good health, prosperity and happiness of both families going forward, I sincerely hope that ___family will accept my this unconditional apology. However, dark the past may be, it cannot hold the future captive. I take this opportunity to express my gratitude to the___Family that through my life experience with them, I became a more spiritual person. As a practicing Buddhist, I sincerely wish and pray for peace, security and happiness of each member of ____family. Here, I reiterate that ____ Family is most welcome to meet and get to know the girl child born out of the wedlock who is at no fault whatsoever.

With respect and regards.

S___”

The Court also directed the Wife to not “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.”

However, the Court cautioned the husband and his family not to use the apology tendered by the Petitioner-wife and his family before any before any Court of Law, Administrative / Regulatory / Quasi-Judicial Body / Tribunal against her interests now or in future, otherwise it will be treated as contempt of court for which Respondent-husband and his family would be held liable.

In exercise of its inherent powers under Article 142 of the Constitution, the Court dissolved the marriage as the couple was separate in October 2018. Since then, they have lived separately without any possibility of a union because of bitterness in the relationship owing to the multiple cases registered against the husband.

All pending criminal and civil litigation between the parties were ordered to have been quashed/withdrawn.

The Court passed the order while considering the transfer petitions filed by the husband and wife seeking transfer of the cases filed against each other.

 Also from the judgment -No Arrest In 498A FIRs For 2 Months; Refer Cases To Family Welfare Committees : Supreme Court Endorses Allahabad HC Guidelines