The Supreme Court last week expressed concern over cases in which women involved in matrimonial litigation write to their husbands’ employers, making allegations against them.
The court noted that this could have an impact on the employment of the husband and eventually lead to issues of payment of maintenance, too.
What was the case before the SC?
The court was hearing a petition by a woman seeking to transfer a defamation suit filed by her husband’s friend against her. During the proceedings, the court orally observed that there were cases of women writing to the employers of their husbands, pending litigation in matrimonial disputes, which have even led to termination of employment.
The wife’s counsel told the court that her representation to her husband’s employer was made only after an alleged false complaint against her for stealing. The counsel said that the wife wrote to the employer only to ascertain the whereabouts of the ‘stolen’ article to defend herself in the complaint.
The court ordered the parties to explore the possibility of mediation, referring the case to the Supreme Court Mediation Centre.
Is it common for a wife to write to her husband’s employer in a matrimonial dispute?
In the proceedings before the Supreme Court, the bench noted that such cases have been reported previously. While an exact number of such complaints cannot be determined, women have earlier written to their husbands’ employers alleging adultery or ill-treatment, seeking termination of employment.
One of the earliest cases concerns a matrimonial dispute before the Delhi High Court. In 1972, the estranged wife had written to the Lok Sabha, where the husband worked, alleging ill-treatment on his part. The woman had also claimed that the husband, a government employee, had made monetary and other demands from her parents.
The court said that if the wife intended to obtain maintenance, all she had to do was state that she was not being paid maintenance. She did not need to make the allegations. The husband had submitted that he had suffered mental agony as he felt that he might be punished or sacked due to his wife’s letters to his office.
“A false complaint of this nature to an employer would certainly amount to mental cruelty. It would bring down the employee, in the eyes of his employer, and would reflect on his career and promotional opportunities. This would certainly play on his mind and affect his mental peace,” the court said in its order in 1980.
The court considered other facts of the case in totality, including the wife’s conduct, upholding the dissolution of the marriage on the ground of cruelty.
There have been similar cases where the courts have held that false allegations made by a spouse to an employer amount to cruelty. In a case before the Madras High Court in June, the court held that ‘unsubstantiated allegations affecting the reputation and dignity of a spouse, particularly before employers or superior authorities, could irreparably damage matrimonial ties and amount to cruelty under Section 13(1)(ia) of the Hindu Marriage Act’.
Records also show that wives have written to the employers, usually government offices, to complain that they were not being paid maintenance, and sought that the government make a provision for it from the employee’s salary.
The courts have even directed employers to deduct the maintenance amount from the husband’s salary and deposit it in the bank account of the wife, in cases where there has been no compliance with court orders for payment under section 144 of the Bharatiya Nagarik Suraksha Sanhita on maintenance.
Can a spouse’s complaint to an employer lead to disciplinary action or termination, even if the allegations are unproven, and can a defamation suit be filed in cases of false complaints?
Various court orders have made it clear that false allegations can amount to grounds of cruelty.
A private company cannot directly terminate a person based merely on allegations. Depending on the contract and the employment rules, the company may decide to conduct an inquiry. Usually, in cases of matrimonial disputes, a company may take action only if a serious criminal case is filed against a person and he/she faces arrest. The contract may have a clause for termination on any pending criminal case.
In cases of any termination based on false allegations without an inquiry, the employer can challenge the termination before an appropriate forum, including a labour court.
In case of a government job, employees are also governed by the state and Central service rules. These may provide for penalties, including withholding of promotion, reduction to a lower stage in the time-scale, compulsory retirement, and even removal from service for violation of conduct rules.
But a mere complaint may not result in this action unless it ends in conviction. A government employee faces immediate suspension if they are detained in custody for a period exceeding 48 hours.
In the 1980 case before the High Court, the Lok Sabha employee did not face any action despite the letters alleging ill-treatment. In fact, he was even promoted within two years of the letters being sent. The court, however, noted that this was because the case was sub judice, and he had been asked to submit a copy of the judgment in the case after the matter was to be examined.
Separate criminal defamation complaints can also be filed under Section 356 of the Bharatiya Nyaya Sanhita on grounds of harm to reputation.
In the proceedings before the Supreme Court, the bench noted that such cases have been reported previously. (Express photo by Amit Mehra) 
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