Calling A Woman 'Illegitimate Wife' Or 'Faithful Mistress' Violates Her Rights : Supreme Court Criticises Misogynistic Language In Judgment

The Supreme Court today expressed its disapproval of a Bombay High Court judgment that employed misogynistic language against a woman whose marriage was declared void, referring to her as an “illegitimate wife” or “faithful mistress.”

“Under Article 21 of the Constitution of India, every person has a fundamental right to lead a dignified life. Calling a woman an “illegitimate wife” or “faithful mistress” will amount to a violation of the fundamental rights of that woman under Article 21 of the Constitution of India. Describing a woman by using these words is against the ethos and ideals of our Constitution. No one can use such adjectives while referring to a woman who is a party to a void marriage. Unfortunately, we find that such objectionable language is used in a judgment of the Full Bench of a High Court. The use of such words is misogynistic. The law laid by the Full Bench of the Bombay High Court is obviously not correct.”, the Court observed.

The Court also noted that such adjectives were not used by the High Court for husbands in void marraiges.

The aforesaid observation came by a bench of Justices Abhay S. Oka, Ahsanuddin Amanullah, and Augustine George Masih while answering a reference to the issue of whether the spouse is entitled to permanent alimony under Section 25 of the Hindu Marriage Act, 1955 (“HMA”) even when marriage is declared void.

Addressing the reference affirmatively, the Court held that permanent alimony can indeed be awarded to a spouse even after their marriage is declared void under Section 11 of the Hindu Marriage Act (HMA). The judgment authored by Justice Oka, emphasized this point while also expressing concern over the derogatory and misogynistic language used by the Bombay High Court in its 2004 decision in Bhausaheb @ Sandhu S/o Raguji Magar vs. Leelabai W/o Bhausaheb Magar (AIR Bom. 283 (FB)). The Court noted its dismay at the High Court's characterization of the woman in the void marriage as a "faithful mistress" and "illegitimate wife."

Also, recently the Supreme Court released the Handbook on Combating Gender Stereotypes which aims to assist judges and the legal community in identifying, understanding, and combating stereotypes about women. The Handbook contains a glossary of gender-unjust terms and suggests alternative words or phrases that may be used while drafting pleadings as well as orders and judgments.

Also From Judgment: BREAKING | Permanent Alimony & Interim Maintenance Can Be Granted Even When Marriage Is Void Under Hindu Marriage Act : Supreme Court

Case Details : SUKHDEV SINGH v SUKHBIR KAUR

Citation : 2025 LiveLaw (SC) 195

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