Justice Surya Kant Says Marriage Often Misused As Instrument Of Subjugation Against Women

Supreme Court Justice Surya Kant on Wednesday remarked that marriage has historically been misused as a tool for subjugating women. He made the remarks while addressing a seminar on ‘Cross-Cultural Perspectives: Emerging Trends and Challenges in Family Law in England and India’. 

Justice Kant drew attention to a recurring issue faced by courts across the country: the recognition and indirect enforcement of foreign divorce decrees, PTI reported. 

"In today’s increasingly interconnected world, where spouses frequently reside in different nations, cross-border matrimonial conflicts are becoming more common. This, in my opinion, poses a significant challenge for many legal systems," he said.

Justice Kant acknowledged that while marriage can be inherently demanding for both spouses, history, across various cultures, regions, and time periods, has repeatedly shown that it has often been used to oppress women.

"This is an uncomfortable truth. However, legal and societal reforms in both India and England are slowly reshaping marriage into a relationship rooted in dignity, mutual respect, and the constitutional values of equality," he noted.

He further highlighted that both the Indian judiciary and legislature have made efforts to establish legal mechanisms aimed at protecting women's rights.

On the matter of international matrimonial disputes, Justice Kant pointed out that the Supreme Court of India has issued detailed guidelines for recognising foreign divorce judgments.

"Yet, it has been clearly stated that such judgments will not be acknowledged in India if they are found to be fraudulent, violate principles of natural justice, or go against the substantive laws of our country," he explained.

Justice Kant also noted that these disputes become particularly complicated when children are involved. In such instances, he emphasised, courts must not only respect the principle of Comity of Courts, which promotes mutual respect and cooperation between judicial systems, but must also prioritise the welfare and best interests of the child.

He concluded by stating that the protection of children and the promotion of their well-being are universally upheld values, and on this front, India and England share broadly similar legal approaches.

With PTI inputs