22 July 2025 Divorce Law >> Family Law  

The Supreme Court of India has invoked its extraordinary powers under Article 142 of the Constitution to dissolve the marriage of Shivangi Bansal (wife) and Sahib Bansal (husband), bringing to an end years of bitter matrimonial discord marked by numerous legal battles across multiple forums. The Court's order outlines a comprehensive settlement designed to ensure a complete and final resolution of all disputes between the parties and their respective families.

The couple, married in December 2015 and having a daughter born in 2016, separated in October 2018. The marital breakdown led to a litany of cases initiated by both sides, ranging from criminal complaints (including allegations of dowry harassment, domestic violence, and criminal breach of trust against the husband's family, and abduction and assault against the wife's family) to divorce petitions, maintenance claims, guardianship proceedings, and even income tax investigations and land disputes involving family members.

Recognizing the desire of both parties to amicably resolve all outstanding issues, including child custody and all pending litigations, the Supreme Court issued a detailed order encompassing various aspects of the settlement:

Child Custody and Visitation: The minor daughter, Ms. Raina (8 years old), will remain in the mother's custody. The father and his family are granted supervised visitation rights for the first three months, followed by monthly supervised visits at the child's school and half of the child's vacation period. Both parties are directed to prioritize the child's well-being and cooperate fully. Legal counsels have been authorized to mediate any future disputes regarding visitation.

Maintenance and Alimony: The wife voluntarily waived all claims to alimony or maintenance from the husband, and she will not claim any rights over his or his family's current or future movable or immovable properties. Consequently, the High Court's order directing the husband to pay Rs. 1,50,000/- per month for the daughter's maintenance was quashed, as the wife has undertaken to bear all the child's expenses.

Quashing of All Litigations: To ensure "complete justice" and bring an end to the "protracted legal battle," the Court ordered the quashing and/or withdrawal of all pending criminal and civil litigations filed by either party against the other, including those against their family members and incidental matters filed by third parties as a result of the matrimonial discord. Both parties and their families have undertaken not to initiate any future related litigation and to unconditionally withdraw all allegations made in previous complaints/pleadings across all forums.

Property Transfer: The wife's mother, Smt. Sandhya Goel, is directed to transfer specific land in Aligarh to the husband, Sahib Bansal, as a gift deed. The husband will bear all transfer expenses and step into the shoes of Mrs. Sandhya Goel regarding any ongoing litigations concerning the property.

Apology and Public Conduct: The wife, Shivangi Bansal/Goel, and her parents are directed to tender an unconditional apology to the husband and his family, acknowledging the "physical and mental trauma and harassment" suffered, including the husband's 109 days in jail and his father's 103 days. This apology is to be published in national English and Hindi newspapers and circulated on all major social media platforms within three days. The apology, while sincere, will not be construed as an admission of liability or used against the wife in any future proceedings. Furthermore, both parties are prohibited from publishing any disparaging statements against each other or their families on social media, and all existing negative content must be deleted. They have also agreed not to interfere in each other's personal and professional lives.

Other Directives:

• The remarks and observations made against Shivangi Bansal in a specific High Court order were expunged.
• Police protection is to be provided to the husband and his family.
• The wife, as an IPS officer, is prohibited from using her position or influence against the husband and his family.
• Any breach of the settlement terms by either party or their families will amount to contempt of court.

The Court explicitly invoked its powers under Article 142 to ensure a comprehensive and final resolution, emphasizing the need for peace and tranquility between the families. The transfer petitions and special leave petitions filed in this prolonged dispute were disposed of in terms of this detailed settlement order. The guidelines framed by the Allahabad High Court regarding the 'Constitution of Family Welfare Committees for safeguards regarding misuse of Section 498A, IPC' were also allowed to remain in effect.