Supreme Court Cautions Against Writing to Spouse's Employer in Matrimonial Disputes
The Supreme Court has expressed concern over the practice of wives writing to their husbands' employers during matrimonial litigation, observing that such complaints could lead to loss of employment and ultimately affect maintenance claims.
A bench of Justice B.V. Nagarathna and Justice R. Mahadevan made the observation while hearing a transfer petition filed by a woman seeking to move a defamation suit from Assam to Ghaziabad, Uttar Pradesh. The defamation suit had been filed against her by her husband's friend.
Justice Nagarathna noted that many wives were adopting the course of writing to their husbands' employers, leading to termination of employment. She remarked that while seeking a divorce was one thing, causing the loss of a spouse's livelihood was worse.
During the hearing, the wife's counsel submitted that she was already involved in multiple litigations against her husband in Ghaziabad. The defamation case arose from a representation she had made to Air Force authorities, alleging that her husband, an Air Force officer, was running an independent business in violation of service rules.
Justice Nagarathna responded that writing to a spouse's employer during matrimonial disputes was 'one of the worst things' a wife could do, since it could cost the husband his job and leave little basis for any future maintenance claim.
The wife's counsel explained that the representation to the Air Force authorities was made only after the husband filed a false complaint alleging theft of Air Force articles, specifically accusing the wife and her brother of stealing an Air Force helmet. The counsel clarified that the defamation case was not filed by the husband himself but by his friend.
The court referred the matter to the Supreme Court Mediation Centre to explore the possibility of a settlement. Justice Nagarathna also asked the wife's counsel to advise her to resolve all disputes and withdraw the allegations.
