Be liberal in deciding bail petitions in marital disputes: HC

Be liberal in deciding bail petitions in marital disputes: HC



Tribune Information Service

Saurabh Malik

Chandigarh, November 18

In a major judgment liable to vary the way in which common bail pleas by estranged {couples} of their households are determined in matrimonial disputes, the Punjab and Haryana Excessive Court docket has referred to as for a extra liberal method. This, the Bench asserted, was required as inconsequential points have been as a rule amplified or have been indifferent from actuality.

Most finish in truce

It has been seen that the majority discords find yourself in settlement and maintaining a partner in detention for months collectively aggravates the bitterness. Justice Suvir Sehgal

“This courtroom is of the view {that a} liberal method must be adopted whereas contemplating petitions in search of post-arrest bail in matrimonial issues arising out of proceedings initiated (for legal breach of belief and subjecting a married girl to cruelty) below Part 406 and 498-A of the IPC. In such issues, many of the instances, trivial disputes are both blown out of proportion or the allegations levelled seem removed from reality,” Justice Suvir Sehgal asserted.

Moreover this, maintaining a partner or a relative in detention for months collectively aggravated the bitterness and created hurdles in bringing about an amicable compromise.

The assertions got here in a case the place a husband, behind bars for nearly 9 months, was in search of common bail in a case registered on March 5, 2021, for offences below Sections 406, 498-A and 448 of the IPC at Ladies police station in Patiala district. Part 201 of the IPC on disappearance of proof was added in a while.

His counsel contended the FIR was an consequence of a matrimonial dispute and the petitioner-husband was in custody since February 23.

He submitted that the wedding had been dissolved by an ex parte judgment and decree dated July 2.

The counsel added the petitioner deserved to be launched on bail as challan or the ultimate investigation report had been offered and cost framed on the conclusion of investigation. Moreover this, the petitioner’s middle-aged mom required rapid medical consideration.

The state counsel, in the meantime, submitted not one of the 34 prosecution witnesses had up to now been examined within the case.

Permitting the plea after listening to rival contentions and going by way of the paperwork, Justice Sehgal added the courtroom was of the view that the petitioner deserved to be launched on bail, noticing the character of allegations levelled in opposition to him, his mom’s custody, the size of custody, the stage of trial and the divorce between the events.





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