The Supreme Court on Wednesday objected to the language used by the Bombay High Court in a past judgment, where terms like “illegal wife” and “faithful concubine” were used to describe a woman. The apex court stated that such language violates fundamental rights and is “anti-women.”

A bench comprising Justices A.S. Oka, Ehsanuddin Amanullah, and Augustine George Masih was reviewing a 2003 judgment by the Bombay High Court when they came across these terms. Expressing their disapproval, the judges remarked, “Unfortunately, the Bombay High Court attempted to use the term ‘illegal wife.’ Shockingly, in paragraph 24 of the judgment, the court referred to such a wife as a ‘faithful concubine.’”

The Supreme Court also noted that the High Court had not used similar language for men in cases of invalid marriages. The bench stated, “Using such words to describe a woman goes against the ideals and spirit of our Constitution. No party in an invalid marriage can use such terms for a woman. Unfortunately, we found this objectionable language in the full bench judgment of the High Court.”

The apex court further emphasized that calling a woman whose marriage was declared invalid an “illegal wife” was “highly inappropriate” and “detrimental to her dignity.” The Supreme Court was hearing a case concerning conflicting views on the application of Sections 24 and 25 of the Hindu Marriage Act, 1955.

Section 24 of the Act deals with maintenance and litigation expenses during the pendency of proceedings, while Section 25 provides for permanent alimony and maintenance.