The Supreme Court in its order dated September 27, 2023 set aside an anticipatory bail condition enforced by the Jharkhand High Court on a man, which required him to pay Rs 9 lakh to his estranged wife as ad-interim compensation.
The husband had been booked under Section 498-A IPC (cruelty to wife).
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Parties got married in December 2020 and lived together until March 2021 (three months).
Following a matrimonial dispute, wife filed a case under Section 498-A IPC against the husband. The Trial Court awarded Rs 4,000 per month to the wife as interim maintenance.
In April 2022, the Jharkhand High Court granted interim protection from arrest to the appellant husband, on the condition that he would deposit Rs 9 lakh.
Accordingly, the husband appealed the matter in Supreme Court.
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A bench of Justices Sanjiv Khanna and SVN Bhatti went through the facts on record and deleted the condition of Rs 9 lakh for anticipatory bail. The bench observed:
We are of the opinion that the High Court was not justified in imposing the condition that the appellant – Rohit Jaiswal should deposit ₹9,00,000 as ad interim victim compensation. The said condition is hereby deleted. We clarify that we have not interfered with the grant of anticipatory bail and other conditions as imposed.
While lumpsum amount condition was removed, the husband’s counsel agreed to enhance the maintenance payable to his estranged wife from Rs 4,000 to Rs 10,000 per month with effect from September 2023.
The Supreme Court noted the husband’s acceptance with regards to their suggestion on increasing the maintenance amount and observed:
The maintenance amount is being enhanced in view of the statement made by the learned counsel appearing on behalf of the appellant to ₹10,000 per month. The appellant – Rohit Jaiswal will continue to make payment in terms of the statement. In case of default, respondent no.2/ informant will be entitled to take steps/recourse for execution before the trial court.
The apex court also clarified that this maintenance amount may be modified, enhanced or reduced by the trial or appellate court.
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Voice For Men India Take:
- Failed marriages in India have become a lifelong trap for the men
- A marriage that barely lasted for three months, will burden the husband for life to pay maintenance to his estranged wife, with or without any charges against him being proven
- Even if the husband is honourably acquitted, there will be no refund for the maintenance amount paid over several years; infact in all probability he will be ordered to pay lumpsum alimony as well during final divorce decree
Delhi High Court Rejects Maintenance To Educated Working Wife | Read Judgment | Voice For Men India
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READ ORDER | Supreme Court Sets Aside Rs 9 Lakh Bail Condition For Husband Against Arrest U/s #498A IPC— Voice For Men India (@voiceformenind) October 4, 2023
▪️On request of SC, husband agreed to enhance maintenance from Rs 4K to Rs 10K pm
▪️Parties got married in Dec 2020, lived together until Mar 2021https://t.co/Loqv7ZTlcs
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