38.6c New Delhi, India, Friday, August 08, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Calling woman 'illegitimate wife' or 'faithful mistress' misogynistic & against constitutional ethos: SC [Read Judgment]

By Jhanak Sharma      14 February, 2025 05:01 PM      0 Comments
Calling woman illegitimate wife or faithful mistress misogynistic and against constitutional ethos SC

NEW DELHI: The Supreme Court on Wednesday said calling a woman an “illegitimate wife” or “faithful mistress” is misogynistic and will amount to a violation of her fundamental rights under Article 21 of the Constitution.

A three-judge bench led by Justice Abhay S Oka, which held that a spouse in a void marriage is entitled to seek maintenance under the Hindu Marriage Act, criticised the Bombay High Court for use of such words against a woman.

Answering a reference made to resolve issue of permanent alimony, the bench noted the Bombay High Court's full judge bench in Bhausaheb alias Sandhu s/o Raghuji Magar Vs Leelabai w/o Bhausaheb Magar (2004), has coined the term “illegitimate wife”.

"Calling the wife of a marriage declared as void as an illegitimate wife is very inappropriate. It affects the dignity of the concerned woman," it said.

The bench said, unfortunately, the Bombay High Court went to the extent of using the words “illegitimate wife”. Shockingly, the High Court described such a wife as a “faithful mistress”. It is pertinent to note that the High Court has not used similar adjectives in the case of husbands of void marriages, it pointed out.

"Under Article 21 of the Constitution, every person has a fundamental right to lead a dignified life," the bench said.

The bench said describing a woman by using these words is against the ethos and ideals of our Constitution.

"No one can use such adjectives while referring to a woman who is a party to a void marriage. Unfortunately, we find that such objectionable language is used in a judgment of the full bench of a High Court. The use of such words is misogynistic. The law laid by the full bench of the Bombay High Court is obviously not correct," the bench said.

In its judgment, the court held that a spouse whose marriage has been declared void under Section 11 of the Hindu Marriage Act is entitled to seek permanent alimony or maintenance from the other spouse by invoking Section 25 of the Act.

The bench, which also comprised Justices Ahsanuddin Amanullah and Augustine George Masih, said, whether such a relief of permanent alimony can be granted or not always depends on the facts of each case and the conduct of the parties, as the grant of relief under Section 25 is always discretionary.

"Even if a court comes to a prima facie conclusion that the marriage between the parties is void or voidable, pending the final disposal of the proceeding under the 1955 Act, the court is not precluded from granting maintenance pendente lite provided the conditions mentioned in Section 24 are satisfied," the bench said.

While deciding the plea for interim relief under Section 24, the court will always take into consideration the conduct of the party seeking the relief, as the grant of relief under Section 24 is always discretionary, the bench added.

A two-judge bench had on August 22, 2024 made a reference as there were conflicting views on the applicability of Sections 24 and 25 of the Hindu Marriage Act, 1955, whether alimony can be granted where marriage has been declared void.

Senior advocate Mahalakshmi Pavani appeared for the respondent woman in the matter.

[Read Judgment]



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS

in-house-procedure-had-legal-sanctity-sc-dismisses-justice-varmas-plea-against-recommendation-for-removal
Trending Judiciary
'In-house procedure had legal sanctity,' SC dismisses Justice Varma's plea against recommendation for removal

SC upholds in-house probe into Justice Varma, dismisses his plea against removal; says process is legally valid and judge’s conduct lacked credibility.

07 August, 2025 12:05 PM
sole-testimony-of-victim-even-without-medical-evidence-sufficient-to-uphold-rape-conviction-sc
Trending Judiciary
Sole testimony of victim even without medical evidence sufficient to uphold rape conviction: SC [Read Judgment]

SC: Victim’s sole testimony, even without medical evidence, sufficient to uphold rape conviction if found credible and consistent.

07 August, 2025 03:11 PM

TOP STORIES

bengaluru-court-convicts-ex-mp-prajwal-revanna-in-rape-case
Trending Judiciary
Bengaluru court convicts ex MP Prajwal Revanna in rape case

Bengaluru court convicts ex-MP Prajwal Revanna in rape case linked to explicit videos; one of four sexual abuse cases filed against him.

04 August, 2025 11:07 AM
sc-sets-aside-order-declaring-man-as-juvenile-on-basis-of-school-certificate
Trending Judiciary
SC sets aside order declaring man as juvenile on basis of school certificate [Read Judgment]

SC: School certificate from private school not valid proof of age, sets aside order declaring murder accused as juvenile.

04 August, 2025 11:24 AM
hp-may-vanish-in-thin-air-god-forbid-sc-on-ecological-imbalance-in-himachal-pradesh
Trending Judiciary
‘HP may vanish in thin air, God forbid', SC on ecological imbalance in Himachal Pradesh [Read Order]

SC warns HP may vanish due to ecological imbalance; seeks state’s action plan amid rising disasters, deforestation, and climate change threats.

04 August, 2025 11:31 AM
sc-grants-4-weeks-time-to-centre-to-frame-guidelines
Trending Judiciary
SC grants 4 weeks time to Centre to frame guidelines to ensure pedestrians right to use footpath

SC gives Centre 4 weeks to frame guidelines ensuring pedestrians’ right to obstruction-free, accessible footpaths under Article 21.

04 August, 2025 11:41 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email