As per the guidelines, the cases registered under Section 498-A of Indian Penal Code (IPC) are required to be referred to the Family Welfare Committee of the concerned district for settlement of the issues.
On Tuesday, the Supreme Court directed the nationwide implementation of the Allahabad High Court’s 2022 guidelines, which mandate a compulsory two-month “cooling-off” period in matrimonial cruelty cases under Section 498A of the IPC [Shivangi Bansal v. Sahib Bansal]. During this period, police are restrained from taking any coercive action, including arrests.
According to the guidelines, such cases must be referred to the Family Welfare Committee (FWC) of the respective district for possible reconciliation, and law enforcement authorities are barred from initiating punitive measures during this timeframe.
The Bench, comprising Chief Justice of India BR Gavai and Justice Augustine George Masih, expanded the scope of these directions, making them applicable across the entire country.
“The guidelines framed by the High Court of Allahabad in the impugned judgment dated 13.06.2022 in Criminal Revision No. 1126 of 2022 vide paras 32 to 38, with regard to ‘Constitution of Family Welfare Committees for safeguards regarding misuse of Section 498A, IPC shall remain in effect and be implemented by the appropriate authorities,” the top court ordered.
The Allahabad High Court’s guidelines were originally framed in reference to the Supreme Court’s 2017 ruling in Rajesh Sharma & Ors. v. State of UP & Anr.
However, these directions were later revised and set aside by the Supreme Court in its 2018 verdict in Social Action Forum for Manav Adhikar v. Union of India, which effectively discontinued the involvement of Family Welfare Committees (FWCs).
With the Supreme Court’s latest ruling, the Allahabad High Court’s directives have now been reinstated and are once again legally enforceable.
1. Upon the filing of an FIR or complaint, no arrest or coercive action shall be taken against the accused for a period of two months. This “cooling-off” period is intended to allow the matter to be promptly referred to the Family Welfare Committee (FWC) of the concerned district.
2. Only cases that fulfill specific conditions are to be referred to the Family Welfare Committee—specifically, those involving Section 498A IPC and excluding cases that involve Section 307 (attempt to murder) or other IPC offences carrying a punishment of 10 years or more.
3. Each district must set up one or more Family Welfare Committees (FWCs), depending on its geographical spread and population, under the supervision of the District Legal Services Authority (DLSA). Every committee should comprise a minimum of three members. The District & Sessions Judge or the Principal Judge of the Family Court, serving as the Chairperson or Co-chairperson of the DLSA, shall conduct regular reviews of the committees’ composition and performance.
4.. The Family Welfare Committee shall comprise the following categories of members:
- A young mediator from the district’s Mediation Centre, a junior advocate with no more than five years of experience, or a final-year law student from a Government Law College, State University, or National Law University, possessing a strong academic record and a demonstrated interest in public service;
- A reputed and well-regarded social worker from the district with an unblemished record;
- Retired judicial officers residing within or in proximity to the district who are willing to volunteer their services to support the committee’s mission; or
- Educated spouses of senior judicial or administrative officers currently posted in the district.
5. Every complaint or application filed under Section 498A IPC and related provisions must be promptly forwarded by the concerned Magistrate to the Family Welfare Committee (FWC). Upon receipt of the complaint or FIR, the FWC shall summon both disputing parties, along with four senior or elderly family members from each side, for a personal interaction. The aim is to facilitate a resolution of the disputes or misunderstandings within a period of two months from the date of filing.
6. The report prepared by the Family Welfare Committee shall be independently assessed by the investigating officer or the Magistrate. Based on this assessment, suitable action may be initiated under the Code of Criminal Procedure, but only after the completion of the mandatory two-month “cooling-off” period.
In the event of a settlement between the parties, the District & Sessions Judge, along with other senior judicial officers designated by him within the district, shall be empowered to conclude the proceedings, including the closure of the criminal case.
The Supreme Court laid down these directions while hearing a matrimonial dispute where both spouses had initiated several legal proceedings against each other. Due to the wife’s complaints, the husband spent 109 days in jail, while his father was incarcerated for 103 days.
In an unusual move, the apex court directed the wife and her family to issue an unconditional apology through a newspaper publication, acknowledging the hardship and harassment caused to the husband and his family.
“Such apology shall also be published and circulated on all social media platforms like Facebook, Instagram, YouTube and other similar platforms. The expression of apology herein shall not be construed as an admission of liability and shall have no bearing on the legal rights, obligations, or consequences arising under law,” the Court ordered.
Considering the directions issued and the mutual settlement between the parties, the Court invoked its powers under Article 142 of the Constitution of India to quash the criminal proceedings and officially dissolve the marriage.