Munmun Kaur
Published On: January 31, 2022 AT 15:20 IST
Recently, a Single Judge Bench of Justice Sarang V Kotwal of Bombay High Court while granting Anticipatory Bail to the husband in a domestic violence case remarked, “Marriages are not made in heaven, they are made in hell”.
The facts of the case were that the couple got married in November 2017 and had a son. An FIR was registered against the husband for an offence under Section 498A (cruelty by husband and in-laws) under the Indian Penal Code and offences under the Dowry Prohibition Act following the allegations made by the wife in the Complaint filed that the family of the husband asked for a gold coin for each family member at the wedding. Due to the non-fulfillment of the demand, there was harassment to the wife. Further, she alleged that she gave ₹13,50,000 for purchasing a flat in which the couple resided with their 3-year-old son, and the husband retained her jewelry worth ₹4,20,000. She also alleged that the husband inflicted some wounds on himself to show that the wife had assaulted him.
On the other hand, the husband alleged that there were WhatsApp chats of how he was constantly harassed by his wife and that there was a Complaint lodged by him against her, and her FIR was a counterblast against the same.
Justice Sarang V Kotwal, after considering submissions by both parties, came to the conclusion that the husband’s custody will not solve the issue.
While granting the Anticipatory Bail to the husband, the High Court observed, “Even for the purpose of investigation his custodial interrogation is not necessary. He can be asked to co-operate with the investigating agency. There are allegations and counter-allegations, which can only be decided during the trial”.
The Police were directed to release the husband on Bail in the event of arrest on his furnishing a Bail bond of ₹30,000 with one or more sureties.
