Justice Surya Kant on Marriage as an Instrument of Subjugation: A Legal Perspective

Table of contents

Introduction: A Shift in Matrimonial Jurisprudence

In a landmark address in October 2025, Supreme Court Judge Justice Surya Kant sparked a national conversation on the evolution of matrimonial jurisprudence. Speaking at a seminar titled “Cross-Cultural Perspectives: Emerging Trends and Challenges in Family Law in England and India,” he observed that historically, marriage has been frequently misused as an instrument of subjugation against women.

As an advocate committed to gender justice and constitutional values, Prithwish Ganguli examines the legal shift from viewing marriage as a “sacred sacrament” to a partnership grounded in equality and dignity.

The Transformation of Matrimonial Law

Justice Surya Kant noted that in pre-colonial times, family relations were governed more by social and moral norms than by codified laws, often leading to a “site of inequality” for women. Contemporary reforms are gradually transforming the institution into a “pious partnership.”

Key highlights from the address include:

• Gender Equality & Dignity: Referencing Articles 14 and 21, Justice Kant emphasized that judicial passivity in the face of atrocities like dowry-related violence emboldens perpetrators and erodes the foundations of a civilized society.
• Welfare of the Child: In cross-border matrimonial disputes, the welfare of the child must be the paramount consideration.
• Decriminalizing Adultery: Championing sexual autonomy within marriage and breaking patriarchal glass ceilings.
• Recognition of Foreign Decrees: Indian courts will not recognize foreign divorce judgments if they were obtained by fraud or contravened principles of natural justice.
• Maintenance & Social Justice: Recent rulings such as Rina v. Dinesh (2025) reinforce that maintenance is a measure of social justice intended to prevent destitution and protect a wife’s dignity.

Family Courts as “Family Resolution Centres”

Justice Surya Kant suggested a more humane justice system, proposing that Family Courts be renamed “Family Resolution Centres”. He urged legal professionals to “shun black robes” in these courts to reduce fear in children and foster a more compassionate environment.

Expert Legal Counsel

For legal counsel on matrimonial disputes, domestic violence cases, or child custody matters, Advocate Prithwish Ganguli provides expertise in navigating these evolving legal landscapes, ensuring that justice is not just a procedural outcome but a reflection of dignity and mutual respect.

Advocate Prithwish Ganguli
House # 73, near Tank #10, behind Matri Sadan Hospital,
EE Block, Sector II, Bidhannagar, Kolkata, West Bengal 700091
M.: 99030 16246