Shri Bodhisattwa Gautam vs Miss Subhra Chakraborty on 15 December, 1995
14. Argument of dignity of women, in the present case, would not hold much ground. No doubt, dignity of women has to be maintained. However observations of the Supreme Court in the case of Bodhisattwa Gautam (supra) relied upon by learned counsel for petitioners cannot be taken as stock defense in every case of any kind against women. What has to be ensured is that a woman in a particular litigation is not unnecessarily ridiculed or her dignity violated. But in this case when it is found that her own daughter is ready to depose and is matured enough to depose, such an argument cannot be pressed into service. Afterall, in every proceedings filed by a husband against his wife alleging adultery, the accusations would be such that may touch upon the dignity of women. We have to also keep in mind that truth ultimately prevails. In order to find out the controversy some enquiry has to be gone into. Of course, in such matters, courts have to act with very caution and ensure that woman against whom allegations are made, is not unnecessarily maligned. However, if it is found that the husband is trying to misuse and abuse the process of law, appropriate order can be passed dismissing such a case at the outset and even if the case goes on trial and ultimately accusation is found to be false, appropriate action can be taken against the husband. That is not the situation here.