GRANT OF ANTICIPATORY BAIL TO HUSBAND BY BOMBAY HIGH COURT BOOKED FOR OFFENCES UNDER IPC AND DOWRY PROHIBITION ACT –SHIVEK RAMESH DHAR Vs. STATE OF MAHARASHTRA
A domestic violence and cruelty case including complaints and counter complaints; by the husband and wife against each other which causes the Bombay High Court to decide how they both had made their lives hell.
The brief description of the case was that; The wife had filed a complaint against her husband in December 2021. The complaint contains allegations that; her husband’s family during their marriage wanted a gold coin for each family members and due to non-fulfilment of their demand by the wife they started harassing her. It also stated in the complaint that; the wife had paid Rupees 13,50,000 for purchasing a flat in which they resided with their 3 years old son. She alleged that her husband willfully inflicted some wounds on himself for showing that; his wife had assaulted him and also kept her jewelry with himself worth Rupees4,20,000. An FIR registered against the husband on the basis of complaint under section 498A (CRUELTY) OF IPC and other offences under Dowry Prohibition Act.
The husband also made some allegations against his wife stating that; he raises a loan of rupees 9,00,000 for purchasing the flat and that after their marriage he had taken her to Mauritius and also gifted her an expensive phone. He also stated that he had WhatsApp chats with him showing how his wife harassed him.
FIR shows that there were continuous quarrels between the couple and they cannot live together anymore. The court considering the case remarked that “marriages are not made in heaven, they are made in hell”. The court after hearing both the parties concluded that ; keeping the husband in custody will not solve the issue and that his custodial interrogation is not necessary for the purpose of investigation. Justice Kotwal stated that; allegations can only be decided during the trial and further, directed the police to release; the husband on bail on furnishing a bond of rupees 30,000 with one or more sureties.
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