Introduction
In a path‑breaking decision on July 22, 2025, the Supreme Court of India delivered a landmark judgment in Shivangi Bansal vs Sahib Bansal, addressing misuse of Section 498A IPC (cruelty/dowry harassment), mandatory “cooling-off” periods, and the invocation of Article 142 powers to dissolve the marriage alongside a comprehensive settlement between the parties.
Background of the Case
- Shivangi and Sahib Bansal married in December 2015, with a daughter born in December 2016. Matrimonial discord led to separation in October 2018.
- Multiple criminal complaints (498A, domestic violence, breach of trust, etc.) were filed by both parties and their families across jurisdictions in Delhi and Uttar Pradesh.
- As litigation protracted, the Allahabad High Court had issued guidelines in 2022 for Section 498A cases: a two-month cooling-off before arrest and referral to Family Welfare Committees (FWCs) to address misuse. The issue reached the Supreme Court for final resolution.
Supreme Court’s Key Observations & Orders
Endorsement of 498A Safeguards
- The Supreme Court affirmed Allahabad HC’s 2022 guidelines: mandatory two-month cooling-off period, no arrests under Section 498A during that window, and compulsory referral to FWCs for mediation.
Utilization of Article 142 for Complete Settlement
- Invoking Article 142, the Court dissolved the marriage between Shivangi and Sahib, ending all pending proceedings—the criminal, domestic violence, maintenance, and civil matters.
- Courts were directed to quash and/or withdraw all ongoing litigation filed by either party or any third party (including family members).
Public Apology and Deletion of Allegations
- Shivangi (an IPS officer) and her parents were directed to publish unconditional apologies in prominent English and Hindi newspapers and social media, acknowledging the harm caused by false allegations and prolonged incarceration of Sahib’s family.
- All social media posts, interviews, or statements accusing family members were ordered to be deleted entirely.
Custody & Maintenance Waivers
- The Court granted custody of the minor daughter to Shivangi, with supervised visitation rights to Sahib—as per arrangements agreed by the parties.
- Shivangi voluntarily agreed to waive all claims of maintenance or alimony, and agreed not to assert any future property right over Sahib’s assets. The High Court’s prior ₹1.5 lakh per month maintenance order for the child was quashed.
Conduct Undertakings
- Both parties agreed:
- Not to initiate further litigation (civil, criminal, or regulatory) against one another or their families.
- Not to engage in acts that harm or interfere in each other’s personal or professional life. Continuing violations will amount to contempt.
Legal Principles and Significance
- 498A Safeguards Are Constitutionally Enforceable
The Supreme Court endorsed structured safeguards against arbitrary arrests in domestic cruelty cases, applying uniformly. - Finality Through Article 142
The Court used its constitutional power to facilitate a full and final settlement—concluding all proceedings in India. - Balancing Justice & Personal Accountability
By mandating public apologies and erasures of defamatory statements, the Court emphasized personal accountability even in private disputes. - Judicial Promotion of Settlement
The judgment encourages amicable resolution, highlighting benefits of mutual compromise over protracted litigation.
Citation:
For a detailed understanding, you can refer to the full judgment here:
Shivangi Bansal vs Sahib Bansal (2025)
Conclusion
The Shivangi Bansal vs Sahib Bansal judgment is transformative:
- It reinforces procedural fairness in Section 498A cases, requiring cooling-off and mediation.
- It showcases the Apex Court’s capacity to deliver holistic outcomes using Article 142, including marriage dissolution and global settlement.
- It emphasizes accountability for misuse of legal processes and underscores respect for personal dignity and reputational integrity.
This ruling will likely become a cornerstone reference for matrimonial disputes, misuse of cruelty statutes, and comprehensive dispute resolution.
Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304