The Supreme Court has expressed concern over the practice of spouses writing to each other's employers during matrimonial disputes, observing that such actions could jeopardise a person's livelihood and complicate ongoing legal proceedings. The remarks were made while hearing a transfer petition filed by a woman seeking the transfer of a defamation case from Assam to Ghaziabad, Uttar Pradesh, where multiple matrimonial cases between the couple are already pending.

A bench comprising Justices B.V. Nagarathna and R. Mahadevan observed that complaints made to an employer during divorce or matrimonial litigation could result in the loss of employment. The court noted that while seeking a divorce is a legal right, actions that may deprive a spouse of their livelihood could have wider consequences, including affecting claims related to maintenance.

The observations were made after counsel for the woman informed the court that she had written to the Indian Air Force alleging that her husband, an Air Force officer, was operating a private business in violation of service rules. According to the submissions, the representation later became the basis of a defamation case filed against her by a close friend and colleague of her husband rather than by the husband himself.

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During the hearing, the woman's counsel argued that the complaint to the Air Force authorities was filed only after her husband allegedly lodged a false complaint accusing her and her brother of stealing Air Force property, including a helmet. Counsel submitted that the representation was intended to ascertain the status of the official equipment and was not made with the intention of causing harm.

Justice Nagarathna observed that writing to a spouse's employer during matrimonial disputes could have serious repercussions if it resulted in the loss of employment. The court indicated that such actions could ultimately undermine future maintenance claims by reducing the earning capacity of the spouse against whom the complaint is made.

To encourage an amicable resolution, the Supreme Court referred the matter to the Supreme Court Mediation Centre. The bench also advised the parties to explore settlement and resolve their disputes through mediation, while suggesting that the allegations forming the basis of the litigation be reconsidered as part of efforts to achieve a mutually acceptable resolution.

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