The Supreme Court has voiced serious concern over a growing pattern in which wives fire off complaint letters to their husbands' employers in the middle of marital disputes, warning that such letters can cost the husband his job and end up hurting the very maintenance claim the wife may later pursue.
A transfer petition brings the issue to the bench
The observation came as a bench of Justice B.V. Nagarathna and Justice R. Mahadevan heard a woman's transfer petition. She wanted a defamation case filed against her by her husband's friend in Assam moved to Ghaziabad in Uttar Pradesh, arguing that all the other cases involving her husband were already pending before courts in Ghaziabad and it made sense to consolidate this one there too.
"Worse than seeking a divorce," the court says
During the hearing, Justice B.V. Nagarathna noted that many wives, in the course of matrimonial disputes, have taken to writing to their husbands' employers, a practice that has cost several husbands their jobs. The bench put it bluntly: "Seeking a divorce is one thing, but depriving a spouse of his livelihood is worse." It went on to observe that writing to a husband's employer during a marital dispute is one of the worst steps a wife can take, since it can cost him his job and leave no real foundation for any maintenance claim she might later pursue.
How the defamation case came about
The woman's lawyer told the court that the defamation case was filed by a close friend and colleague of her husband, and that it was filed at the husband's instance. According to the lawyer, the case traces back to a representation the wife had sent to Air Force officers in Delhi, in which she alleged that her husband, an Air Force officer, was running an independent business in violation of service rules.
The helmet theft allegation behind it all
The woman's lawyer also explained the context for that representation, telling the court that it followed a false complaint her husband had lodged accusing her and her brother of stealing an Air Force helmet. The lawyer said the woman only wanted to know the status of the item that had been allotted to the family, and that there was no ill intent behind her approaching the Air Force.
Supreme Court refers the dispute to mediation
Having heard both sides, the Supreme Court referred the entire dispute to the Supreme Court Mediation Centre to explore the possibility of an amicable settlement. Justice Nagarathna also advised the woman's lawyer to counsel his client on resolving all the pending disputes and withdrawing the allegations, so the matter could be settled through dialogue rather than continued litigation.
