Introduction
Supreme Court of India in the case of “SHIVANGI BANSAL VERSUS SAHIB BANSAL” 2025 INSC 883 endorsed the safeguards laid down by the Allahabad High Court regarding the establishment of the Family Welfare Committee (“FWC”) to prevent the misuse of Section 498A IPC (cruelty offence) in matrimonial disputes. The Supreme Court has instructed the guidelines laid by High Court will continue to be operational and have to be followed by the authorities.The decision is designed to bring an end to numerous legal disputes between the applicant and the respondent and members of respective families, which were very long-lasting. The Supreme Court invoked its power under Article 142 of the Constitution of India to achieve this comprehensive settlement and ensure complete justice. The judgment was rendered on July 22, 2025.
Background
Shivangi Bansal and Sahib Bansal were married on December 5, 2015, at the Umrao Farmhouse, Delhi, according to Hindu rites and customs. A daughter, Ms. Raina, was born from their wedlock on December 23, 2016, and is presently 8 years old. After their marriage, the couple initially resided at 44, Kapil Vihar, Pitampura, Delhi, with the husband’s parents, which was their matrimonial home. Subsequently, from April 30, 2017, they moved to 130, Rajdhani Enclave, Pitampura, Delhi.
Due to matrimonial discord and various disputes, the parties separated on October 4, 2018, and have been living separately since then. This separation led to a “protracted legal battle” involving numerous cases, complaints, and legal proceedings (such as Section 498A IPC etc.) filed by both parties and their family members against each other across various courts and authorities.
The issue of misuse of Section 498A IPC has been addressed by the Supreme Court in previous judgments. In Rajesh Sharma v. State of U.P. 2017 SCC OnLine SC 821,the Court had laid down a set of guidelines, including the formation of FWCs. However, in Social Action Forum for Manav Adhikar v. Union of India 2018 SCC OnLine SC 1501, the apex court withdrew those guidelines, citing overreach of judicial powers.
Allahabad High Court In Criminal Revision No. 1126 of 2022 on this subject, the High Court rekindled the concept of FWCs with altered protection consideration after the observations of the Supreme Court in previous cases. The Court developed an elaborate process to make sure that the Section 498A complaints would not be misused to torment the husband and his family.
The matter recently came before the Supreme Court in a case where the husband and his father had been wrongfully jailed for 109 and 103 days, respectively, based on false allegations by the wife. The Court found that the criminal process had been abused and that such misuse needed to be addressed systemically.
Key Points
Key Guidelines of the Allahabad HC (Now SC-Approved)
- Cooling Period of 2 Months: After lodging an FIR under Section 498A, no arrest or coercive action shall be taken for two months.
- Mandatory Referral to Family Welfare Committees (FWCs): All 498A complaints (excluding those involving serious IPC offences) must be referred to a Family Welfare Committee for resolution attempts.
- Constitution of FWC:
- At least one FWC per district under the District Legal Services Authority.
- Comprising three members: young mediators/lawyers, social workers, retired judges, or spouses of judicial/administrative officers.
- FWC Functions:
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- Hold personal interactions with both parties and their elders.
- Submit a report within 2 months to the magistrate or police.
- No Arrests During Cooling Period: Police shall not arrest the accused during the deliberation period, though a basic investigation may continue.
- Non-binding Report: FWC’s report to be considered by the IO/Magistrate before taking further legal action.
- Training and Honorarium: FWC members to undergo basic training and may receive minimum honorarium.
- Closure of Cases on Settlement: Senior judicial officers may dispose of the criminal cases upon settlement between the parties.
Recent Developments
Crucially, the Supreme Court, on July 22, a bench headed by Chief Justice BR Gavai and Justice AG Masih endorsed and directed the implementation of the safeguards laid down by the Allahabad High Court regarding the establishment of Family Welfare Committees (FWC) to prevent the misuse of Section 498A IPC (cruelty offense) in matrimonial disputes. The Court specifically stated that the guidelines framed by the High Court in its judgment dated 13.06.2022 (Criminal Revision No. 1126 of 2022, paras 32 to 38) shall remain in effect and be implemented by the appropriate authorities. These guidelines were formulated by the Allahabad High Court drawing guidance from the Supreme Court’s own judgment in Social Action Forum for Manav Adhikar v. Union of India 2018 (10) SCC 443, with the objective to curb the increasing tendency to implicate the husband and his entire family through broad allegations. The Court noted its repeated concerns about the misuse of Section 498A IPC. These directions effectively restore, to a great extent, similar guidelines that were laid down in the Rajesh Sharma and others v. State of U.P. and another (2017) case but were later withdrawn by the Supreme Court in Social Action Forum (2018).
Conclusion
The decision of the Supreme Court of India, in the case of Shivangi Bansal v. Sahib Bansal is a synthesized as well as definitive solution to a protracted marriage feud. The Court (by use of its extraordinary powers granted in Article 142 of the Constitution of India) not only ended the marriage but had engineered a binding settlement, which not only covered custody of children, mutual renunciation of maintenance rights, the withdrawal of a long list of pending litigation, as well as assurances of non-litigation and non-derogation in future. The extent of the settlement is further demonstrated by the fact that a public apology was made by the wife, and there was also a transfer of property as a result of the settlement and the hope is that it will bring about larger peace and tranquillity between the separated families and in the future eliminate the possibility of another dispute.
Furthermore, The Supreme Court’s endorsement of the Family Welfare Committee guidelines marks a significant step in balancing the rights of genuine victims of domestic abuse with the need to protect innocent persons from harassment through misuse of Section 498A IPC. It aims to promote mediation, reduce unnecessary litigation, and prevent the criminalization of matrimonial breakdowns. While ensuring justice to aggrieved women remains paramount, such reforms also seek to safeguard the sanctity of due process and fair investigation. The decision is likely to serve as a model for other High Courts and states to implement similar measures in the interest of justice and social harmony.
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WRITTEN BY ABHINAV VERMA
