Read Order | Pre-Arrest Bail Granted To Husband In 498A Case Since Allegations By Wife Were ‘Trivial’

The Madhya Pradesh High Court on August 21, granted anticipatory bail to a man accused of cruelty and harassment for dowry by his wife, stating that if the applicant goes to jail, the marriage would certainly not continue as thereafter there would be hardly any chances of compromise.

A single judge bench headed by Justice Atul Sreedharan was hearing the application under  Section 438 of the Cr.P.C. for grant of anticipatory bail to the accused husband. Man had approached high court to appeal against his arrest under sections 294, 498A, and 34 IPC and sections 3 and 4 of the Dowry Prohibition Act.

Allegations By Wife

The judge observed that the applicant is the husband, whose wife stays separately and has filed the FIR on June 19, 2020. The woman had alleged that her husband abuses her. She also mentioned that he demands several valuable things from her which is considered as dowry demand, thereby alleging that he had demanded a gold chain of five tolas, along with the land that is under her father’s name to be transferred to the husband’s name.

The complainant also accused her husband of domestic violence, alleging that he often locks her up in the room, and when asked for medical aid, he does not provide her with the same. She also accused him of unnatural sex and harassment for sex.

Arguments By Husband

The counsel for the applicant said that husband had submitted a complaint in the police contain on June 18, 2020, that his in-laws had taken away his wife and were not allowing her to come and rejoin her matrimonial obligations. The FIR alleging dowry and domestic violence was filed by wife just a day following this police complaint by the husband.

Considering redressal of conjugal rights, the counsel further argued that the applicant has preferred an application under section 9 of the Hindu Marriage Act. He also stated that the husband could not do it earlier due to unforeseen COVID-19 lockdown.

Court Observations

While observing the facts and circumstances of the case, Justice Sreedharan pointed out that the found allegations are “very trivial” and “can happen in any matrimonial home.” He noted that “marriages would always experience some friction or the other”.

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Importantly, the court also observed that as per the MLC, there were no signs of injuries on the body of the
victim. The court noted:

If the applicant goes to jail, the marriage would almost surely come to an end as thereafter there would be hardly any chances of compromise.

Granting a pre-arrest bail to the applicant, the single judge said,

However, as the allegations reveal that they are trivial in nature, a window of compromise or settlement is always kept open.

The counsel for the complainant opposed the idea of granting anticipatory bail, taking into consideration that the allegations made against the man in the FIR are grave and serious.

Click On The Link To Read Full Order

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http://voiceformenindia.com/in-the-law/high-court/no-maintenance-if-adultery-proven/

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