Supreme Court Revives Allahabad HC Guidelines for Matrimonial Cruelty Cases: Two-Month Cooling Period Before Police Action

lakshmi180592
Jul 24
3 min read

In a significant development, the Supreme Court of India has revived and enforced across the country the 2022 guidelines issued by the Allahabad High Court, which aim to prevent the misuse of Section 498A of the Indian Penal Code (IPC) in matrimonial cruelty cases.

What Are the New Directions?

The Supreme Court Bench, comprising Chief Justice of India BR Gavai and Justice Augustine George Masih, ordered that the guidelines framed by the Allahabad High Court in Shivangi Bansal vs Sahib Bansal (Criminal Revision No. 1126 of 2022) must now be followed across India.

These guidelines introduce a two-month “cooling period” after an FIR or complaint is filed under Section 498A IPC. During this time:

No arrests or police action can be taken against the accused.
The case must be immediately referred to the Family Welfare Committee (FWC) in the concerned district for an attempt at resolution.

Key Features of the Guidelines

Applicability:
- Only applies to cases under Section 498A IPC without serious injuries (like those under Section 307 IPC) or offences carrying less than 10 years’ imprisonment.
Role of Family Welfare Committees (FWCs):
- Each district must have at least one FWC under the District Legal Services Authority.
- The committee must have at least three members, such as:
  - Young advocates or law students,
  - Recognized social workers,
  - Retired judicial officers,
  - Educated spouses of senior officers.
Mediation Process:
- After receiving the complaint, the FWC will summon both parties along with four elderly family members to try and settle the matter within two months.
- The report submitted by the FWC will be considered by the investigating officer or magistrate before any action is taken.
Closure of Cases:
- If a settlement is reached, District Judges or their nominees may close the criminal case and dispose of the proceedings.

Background and Significance:

These guidelines are reminiscent of the 2017 Supreme Court decision in Rajesh Sharma vs State of UP, where FWCs were first introduced to curb misuse of 498A. However, they were later made optional in 2018 by the Court in Social Action Forum for Manav Adhikar vs Union of India.

Now, with the Supreme Court's latest ruling, these safeguards have been revived, giving a structured process before any coercive police action is taken in such cases.

A Rare Order of Apology:

In the case that led to this ruling, the husband had spent 109 days in jail and his father 103 days, based on allegations by the wife. The Supreme Court, noting the misuse and trauma caused, passed a rare order:

The wife and her family were directed to issue an unconditional apology in a newspaper and across all social media platforms including Facebook, Instagram, and YouTube.
The Court clarified that the apology is not an admission of guilt, and will not affect any legal rights or consequences.

Supreme Court Invokes Article 142:

Finally, using its powers under Article 142 of the Constitution, the Supreme Court:

Quashed all criminal proceedings between the couple.
Dissolved the marriage, considering the mutual settlement.

Conclusion:

This ruling is a strong reminder that matrimonial laws must balance the rights of both spouses and prevent misuse. By mandating a cooling period and involving neutral third-party mediation, the Supreme Court aims to encourage resolution while reducing unnecessary arrests and prolonged litigation.

It’s a crucial step toward ensuring justice, fairness, and protection for both sides in sensitive matrimonial disputes.