"If You Want to Divorce Him, Just Divorce Him. Don't Drag His Family Into All This!": Supreme Court Questions Wife Over Misuse Of Matrimonial Laws
Curated by NEWS DESK
Editorial DeskNEW DELHI: The Supreme Court of India expressed strong concern over dragging a husband's family into matrimonial litigation when a wife wants a divorce, with Justice Ahsanuddin Amanullah calling such an approach a misuse of the law.
The observations were reportedly made during the hearing of a matrimonial dispute involving the husband, wife and other family members.
During the hearing, Justice Amanullah questioned the need to involve the husband's relatives in prolonged legal proceedings when the wife wanted to end the marriage.
Addressing the wife's counsel, Justice Amanullah reportedly remarked:
"If you want to divorce him, just divorce him. Don't drag his family into all this. This is misuse of law."
According to the Supreme Court's Office Report dated October 9, 2026, the matter arose from Transfer Petition (Civil), Diary No. 57668/2025, filed by Vartika Singh @ Sakshi against Nikhil Kumar and others.
The case also involved Special Civil Suit No. 135 of 2024, titled Nikhil Kumar vs Vartika @ Sakshi & Ors., pending before the Civil Judge (Senior Division), Chandrapur.
On November 20, 2025, the Supreme Court issued notice in the transfer petition and stayed further proceedings in the connected civil suit. The interim protection was subsequently continued on September 18, 2026, when the matter could not be heard due to a shortage of time.
During the reported subsequent hearing, the husband informed the Court that he had no objection to divorce and was willing to end the marriage.
In light of his stance, the Court reportedly indicated that the marriage could be dissolved and asked both parties to obtain instructions on a complete settlement of all pending matrimonial disputes involving their families.
The Court also asked the respective lawyers to consult their clients and explore whether the pending legal proceedings could be brought to an end through a comprehensive settlement.
The Supreme Court reportedly encouraged both sides to work towards a complete resolution. However, the available official record does not confirm that a final divorce decree was granted or that all pending proceedings were closed.
EXPLANATORY TABLE OF LAWS AND SECTIONS
| Law / Section | What It Means | Application In This Case |
|---|---|---|
| Article 142, Constitution of India | Allows the Supreme Court to pass orders necessary for complete justice, including dissolution of marriage in appropriate circumstances. | The Court reportedly discussed dissolving the marriage, but invocation of Article 142 is not confirmed. |
| Section 13B, Hindu Marriage Act, 1955 | Provides for divorce by mutual consent, subject to legal requirements. | The husband reportedly agreed not to oppose divorce. No Section 13B proceeding is established by the screenshot. |
| Section 25, Code of Civil Procedure, 1908 | Empowers the Supreme Court to transfer certain civil proceedings between courts in different states. | Potentially relevant to a matrimonial transfer petition; its invocation requires confirmation from the case record. |
CASE DETAILS
| Particular | Details |
|---|---|
| Case Title | Vartika Singh @ Sakshi vs Nikhil Kumar & Ors. |
| Court | Supreme Court of India, New Delhi |
| Jurisdiction | Civil Original Jurisdiction |
| Case Number | Transfer Petition (Civil), Diary No. 57668/2025 |
| Interlocutory Applications | IA No. 297892/2025 – Stay Application; IA No. 17439/2026 – Condonation of Delay in Re-filing; IA No. 297894/2025 – Impleadment as Respondent |
| Petitioner | Vartika Singh @ Sakshi |
| Respondents | Nikhil Kumar & 4 Others |
| Petitioner's Counsel | Advocate Satya Mitra |
| Respondent No. 1's Counsel | Advocate Satya Kam Sharma |
| Bench | Hon'ble Mr. Justice Ahsanuddin Amanullah and Hon'ble Mr. Justice Manmohan |
| Connected Civil Suit | Special Civil Suit No. 135/2024, Nikhil Kumar vs Vartika @ Sakshi & Ors. |
| Lower Court | Civil Judge (Senior Division), Chandrapur |
| Final Decision | petition remained pending as of the Office Report dated 9 October 2026 |
KEY TAKEAWAYS
- Wife Wants Divorce, Husband's Family Faces Litigation: Why should a man's entire family be dragged into a marriage that is already falling apart?
- Supreme Court Questions Misuse of Law: Justice Amanullah reportedly calls out the unnecessary involvement of the husband's relatives in matrimonial disputes.
- Husband Ready For Divorce, Yet Legal Battles Continue: Even his willingness to end the marriage has not brought an end to the family's litigation.
- Marriage Between Two, Legal Burden On Many: A broken marriage should not become an endless courtroom battle for the husband's entire family.
- Supreme Court Pushes For Complete Settlement: The Court reportedly seeks an end to prolonged matrimonial litigation, sparing the husband and his family further legal battles.
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