17/10/2025
“Marriage a site of inequality, used to subjugate women":
Supreme Court judge Justice Surya Kant.
During a seminar on “Cross-Cultural Perspectives Emerging Trends and Challenges in Family Law in England and India,” Justice Surya Kant called it an “uncomfortable truth” that marriage has historically been misused to subjugate women across cultures and eras. He noted that this pattern of inequality within marriage persists globally, though modern legal and social reforms are gradually reshaping the institution into one centered on equality, dignity, and mutual respect.Evolution of Marriage in India Justice Kant explained that in earlier Indian society, marriage was not seen as a civil contract but rather a sacred and enduring sacrament. Before colonial times, family matters were governed by moral and social norms, rather than formalized legal codes. Post-Independence legal reforms, he emphasized, have strengthened women’s rights within marriage, aligning laws more closely with constitutional values of equality and justice.Legal Protections for Women Justice Kant highlighted ongoing efforts by both the judiciary and legislature to ensure the legal protection of women’s rights, including the right to maintenance, inheritance, and protection from discriminatory practices.Cross-Border Matrimonial Disputes Addressing the modern challenges of globalization, Justice Kant observed that cross-border marriage disputes pose unique legal complexities. The Supreme Court has issued detailed guidelines regarding recognition of foreign divorce and marriage-related judgments. However, Indian courts will not recognize such judgments if they are obtained through fraud or violate natural justice or substantive domestic laws.He further noted that when disputes involve children, courts must prioritize the child’s welfare while maintaining the principle of comity of courts, which ensures mutual respect and cooperation between different jurisdictions.In summary, Justice Surya Kant’s remarks presented marriage as an evolving institution—shifting from being a source of gender-based subjugation toward becoming a partnership built on respect, equality, and constitutional justice ?.