Marriage often misused as instrument of subjugation against women: Justice Surya Kant

New Delhi, Oct 15 (PTI) Marriage has been too often misused as an instrument of subjugation against women, Supreme Court judge Justice Surya Kant said on Wednesday.

He also highlighted the recurring issue that frequently arises across courts in India concerning the recognition and indirect enforcement of foreign divorce decrees.

"This is, in my view, a challenge faced by many jurisdictions today, as the world grows increasingly interconnected, and spouses often reside in different countries, giving rise to cross-border matrimonial disputes," Justice Kant said.

He was speaking at a seminar on 'Cross-Cultural Perspectives: Emerging trends and challenges in family law in England and India'.

Justice Kant said marriage, by its very nature, can be demanding for both partners, yet history reveals that across continents, cultures and eras, it has too often been misused as an instrument of subjugation against women.

"While this remains an uncomfortable truth, contemporary legal and social reforms in both jurisdictions are gradually transforming marriage from a site of inequality into a pious partnership grounded in dignity, mutual respect, and constitutional values of equality," he added.

The apex court judge further said that in India, the judiciary and the indian legislature have taken measures to build legal frameworks that can safeguard the rights of women.

Regarding cross-border matrimonial disputes, Justice Kant said the Supreme Court of India has laid down comprehensive guidelines governing the recognition of foreign matrimonial judgments.

"However, it has also been expressly held that such judgments would not be recognised in India if they were obtained by fraud, or if they contravened the principles of natural justice or the substantive laws of this country," he said.

The judge added, "Such cross-border marital disputes become significantly more complex when children are involved. It becomes imperative for courts across jurisdictions, in such cases, to uphold the principle of Comity of Courts, ”ensuring mutual respect and cooperation in adjudication, ”while remaining steadfast in their primary duty to protect the welfare and well-being of the child." He said protection of children and safeguarding of their welfare is a principle universally recognised across jurisdictions, and in this regard, both India and England share a largely aligned approach. PTI SKV KVK KVK