Daijiworld Media Network - New Delhi

New Delhi, Oct 16: Supreme Court judge Justice Surya Kant on Wednesday highlighted the misuse of marriage as an instrument of subjugation against women, stressing the need for legal and social reforms to ensure equality within matrimonial relationships.

Speaking at a seminar on ‘Cross-Cultural Perspectives: Emerging Trends and Challenges in Family Law in England and India,’ Justice Kant observed that marriage, by its very nature, can be demanding for both partners. “History reveals that across continents, cultures, and eras, marriage has too often been misused as a tool to subjugate women,” he said. He added that contemporary legal and social reforms are gradually transforming marriage into a partnership grounded in dignity, mutual respect, and constitutional values of equality.

Justice Kant also addressed the recurring challenges of recognising and enforcing foreign divorce decrees in India, noting the growing complexity of cross-border matrimonial disputes as spouses increasingly reside in different countries. “The Supreme Court of India has laid down comprehensive guidelines for recognising foreign matrimonial judgments. However, such judgments will not be recognised if obtained by fraud, or if they contravene principles of natural justice or Indian substantive laws,” he said.

He further highlighted that disputes involving children require special attention. “Courts across jurisdictions must uphold the principle of Comity of Courts, ensuring mutual respect and cooperation while prioritising the welfare and well-being of the child,” Justice Kant said. He noted that both India and England share a largely aligned approach in safeguarding children’s welfare in cross-border marital disputes.

The judge underscored that India’s judiciary and legislature have progressively built legal frameworks to protect women’s rights, reflecting the broader goal of transforming marriage into an equitable institution.