domestic violence case - The Legal Chamber

This Supreme Court, invoking Article 142 of the Constitution, quashed all criminal proceedings arising from matrimonial discord, including charges under Section 494 and 498A IPC. Relying on precedents, it held that continuing prosecution after a full and final settlement and divorce constitutes an abuse of the legal process and serves no legitimate purpose. Facts Of The Case: The marriage between the respondent-wife and the appellant's brother was solemnized in 2001. The couple moved to the USA, but their relationship soured, leading to a mutual divorce decree from a California court in 2007. After returning to India, the wife initiated multiple legal proceedings against her husband and his family (the appellants). These included a complaint case alleging cruelty, a case under the Domest...

The Supreme Court, invoking Article 142, dissolved the marriage between Shivangi Bansal and Sahib Bansal, quashing all pending civil/criminal cases between them and their families. The wife retained custody of their daughter, while the husband secured visitation rights. Mutual undertakings barred future litigation, and an unconditional apology was mandated. Property transfer and police protection were also ordered, ensuring a conclusive settlement. Facts Of The Case: The case involves Shivangi Bansal (wife) and Sahib Bansal (husband), who married in December 2015 and had a daughter in 2016. After marital discord, they separated in October 2018, leading to multiple legal battles across courts in Delhi and Uttar Pradesh. The wife filed cases under Sections 498A, 406 IPC, and the Domestic V...

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