SC cautions against complaints to spouse’s employer during marital disputes

The Supreme Court has expressed serious concern over the growing practice of spouses writing to each other's employers during matrimonial disputes, observing that such complaints can cost a person their livelihood and ultimately affect claims for maintenance.

A Bench of Justice BV Nagarathna and Justice R Mahadevan remarked that filing complaints with an employer was "one of the worst things" a wife could do during matrimonial litigation, as it could result in the husband losing his job.

The observations came while the court was hearing a petition filed by a woman seeking the transfer of a defamation suit from Assam to Ghaziabad in Uttar Pradesh. The woman argued that she was already contesting multiple legal proceedings involving her husband in Ghaziabad and sought to have the case heard there.

'Employment loss could affect maintenance'

During the hearing, Justice Nagarathna noted that while seeking a divorce was a legal right, attempting to deprive a spouse of his livelihood was a far more serious matter.

The Bench observed that complaints made to an employer during matrimonial disputes could have far-reaching consequences, including termination of employment. Such an outcome, the judges said, could also weaken the financial basis for any future maintenance claim.

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According to the court, if the husband were to lose his job because of such complaints, it would inevitably affect his ability to pay maintenance, making the dispute even more complicated.

Defamation suit linked to complaint to Air Force

The defamation case arose after the woman wrote to Air Force authorities in Delhi alleging that her husband, an Air Force officer, was running an independent business in violation of service rules.

Counsel for the woman defended the representation, submitting that it was made only after her husband lodged what she described as a false complaint accusing her and her brother of stealing an Air Force helmet.

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The husband, through a friend, subsequently initiated a defamation suit in Assam, prompting the woman to approach the Supreme Court seeking its transfer to Ghaziabad.

Matter sent for mediation

Instead of deciding the dispute on merits at this stage, the apex court referred the matter to the Supreme Court Mediation Centre to explore the possibility of an amicable settlement between the estranged couple.

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Justice Nagarathna also urged the woman's counsel to make efforts to resolve the dispute comprehensively and withdraw the various claims, indicating the court's preference for reconciliation over prolonged litigation.