‘Misogynistic’: Supreme Court docket slams Bombay excessive court docket order for ‘illegitimate spouse’ remark
The Supreme Court docket on Wednesday criticised a Bombay excessive court docket order that used phrases like “illegitimate spouse” and “devoted mistress” to explain a girl, saying the remarks have been “misogynistic”. The bench additionally known as the remarks a violation of the girl’s elementary rights.
Being attentive to the “objectionable language” utilized by the Bombay excessive court docket, a bench comprising Justices Abhay S Oka, Ahsanuddin Amanullah and Augustine George Masih noticed that using such phrases was towards the ethos and beliefs of the Structure.
“Sadly, the Bombay excessive court docket went to the extent of utilizing the phrases ‘illegitimate spouse’. Shockingly, in paragraph 24, the excessive court docket described such a spouse as a ‘devoted mistress’,” it added.
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The Supreme Court docket stated calling the girl, who was in a wedding that was declared void, “illegitimate spouse” was “very inappropriate” and affected her dignity.
The apex court docket stated the excessive court docket hadn’t used such adjectives for husbands with void marriages, PTI reported.
The bench stated using the phrases amounted to a violation of the basic rights beneath Article 21 of the Structure of India.
“Calling a girl an ‘illegitimate spouse’ or ‘devoted mistress’ will quantity to a violation of the basic rights of that girl beneath Article 21 of the Structure of India. Describing a girl by utilizing these phrases is towards the ethos and beliefs of our Structure,” it added.
The court docket stated nobody might use such adjectives whereas referring to a girl who was a celebration to a void marriage.
What was the matter?
The Supreme Court docket was listening to a reference in a matter over conflicting views on the applicability of Sections 24 and 25 of the Hindu Marriage Act, 1955, reported PTI.
Whereas Part 24 of the Act offers with upkeep pendente lite (pending the swimsuit) and bills of proceedings, Part 25 pertains to everlasting alimony and upkeep.
“A partner whose marriage has been declared void beneath Part 11 of the 1955 Act is entitled to hunt everlasting alimony or upkeep from the opposite partner by invoking part 25 of the 1955 Act,” held the bench.
It stated whether or not such a reduction of everlasting alimony could possibly be granted or not would at all times rely upon the details of every case and the conduct of the events.
“The grant of reduction beneath Part 25 is at all times discretionary,” it added.
With inputs from PTI
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