Indian Penal Code, 1860 (IPC) – Section 498A – Cruelty – Misuse of Law – Family Welfare Committee (FWC) – Matrimonial Disputes – Dissolution of Marriage – Child Custody – Maintenance – Public Apology – Quashing of Cases.
(2025) 7 SCD 66 : 2025 INSC 883
IN THE SUPREME COURT OF INDIA
B.R. GAVAI; CJI., AUGUSTINE GEORGE MASIH; J.
JULY 22, 2025
SHIVANGI BANSAL versus SAHIB BANSAL
Misuse of IPC Section 498A and Safeguards: The Supreme Court endorsed safeguards laid down by the Allahabad High Court regarding the establishment of the Family Welfare Committee (FWC) to prevent the misuse of Section 498A IPC in matrimonial disputes. The objective is to curb the increasing tendency among litigants to implicate the husband and his entire family through broad and sweeping allegations. The Court expressed concern over such cases of misuse, noting that the husband was jailed for 109 days and his father for 103 days as a result of the wife filing serious offenses against them, causing them physical and mental trauma and harassment. The guidelines framed by the Allahabad High Court regarding the constitution of Family Welfare Committees for safeguards concerning misuse of Section 498A IPC shall remain in effect and be implemented by the appropriate authorities.
Dissolution of Marriage and Quashing of Cases: The Supreme Court, invoking its power under Article 142 of the Constitution of India, ordered the dissolution of marriage between Shivangi Bansal/Shivangi Goel and Sahib Bansal, directing that a decree of divorce be drawn up. All pending criminal and civil litigations filed by either party against the other, including those against the wife, the husband, and his family members, as well as incidental matters/cases/proceedings filed by third parties related or unrelated to the matrimonial disputes, were quashed and/or withdrawn to bring an end to the protracted legal battle. The parties undertook that no other proxy proceedings had been initiated, and any such found later would amount to contempt of court. Furthermore, any allegations made on various social media platforms by either party or their family members, including interviews and statements, were directed to be deleted.
Unconditional Public Apology: The appellant-wife, Shivangi Bansal/Shivangi Goel, and her parents were ordered to tender an unconditional public apology to the husband and his family members (Sh. Mukesh Bansal, Smt. Manju Bansal, Sh. Sahib Bansal, Sh. Chirag Bansal, and Smt. Shipra Jain) for any words, actions, or stories that may have caused hurt or annoyance. This apology is to be published within 3 days in the national edition of a renowned English and a Hindi newspaper, and also circulated on all social media platforms like Facebook, Instagram, and YouTube. The expression of apology is not to be construed as an admission of liability and shall have no bearing on legal rights or obligations.
Child Custody and Maintenance: The mother, Shivangi Bansal/Shivangi Goel, was granted custody of the minor daughter, Ms. Raina. The father, Sahib Bansal, and his family were granted supervised visitation rights for the first three months, and thereafter on the first Sunday of every month at the child’s place of education, with the right to spend half of the child’s vacation periods. The wife voluntarily agreed to forgo and waive her claim to any alimony or maintenance from the husband and for the daughter, and also waived any claim over moveable and immoveable property owned by the husband and his family. Consequently, no order for maintenance was passed in favor of the wife, and the High Court of Allahabad’s order directing the husband to pay Rs. 1,50,000/- per month for the child’s maintenance was quashed and not to be executed.
Property Transfer and Future Conduct: Shivangi Bansal’s mother, Smt. Sandhya Goel, was directed to transfer property situated at Mauza Tappal, District-Aligarh, measuring approximately 0.97566 hectares, as a gift deed to the husband, Sahib Bansal. Sahib Bansal is to bear all expenses for the transfer and all related expenses post-transfer, including litigation costs for existing disputes over the property. The parties and their family members mutually agreed and undertook not to file or initiate any future litigation, petition, case, or complaint arising out of these or related matters in any forum. They also agreed not to meddle or interfere in each other’s life, professions, or businesses, and not to engage in any act detrimental to each other’s personal and professional interests. The remarks and observations made against Shivangi Bansal in the Allahabad High Court’s judgment dated June 13, 2022, in Criminal Revision No. 1126 of 2022 were expunged.
Protection and IPS Officer’s Conduct: Police protection was directed to be provided to the husband and his family. Shivangi Bansal/Shivangi Goel was directed never to use her position and power as an IPS officer or any future position against the husband, his family members, and relatives by initiating any proceedings or causing any bodily or mental injury.
Undertaking and Contempt: Both parties, their parents, and family members undertook to abide by the terms, conditions, and directions, with default amounting to contempt of court. The transfer petitions and special leave petitions were disposed of in terms of this order.
