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Home Domestic Violence

Bombay Excessive Court docket grants pre-arrest bail to husband in home violence case

by Jane Holland
January 29, 2022
in Domestic Violence
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Mumbai, January 29: The Bombay Excessive Court docket just lately granted pre-arrest bail to an individual in a home violence (DV) and dowry case lodged by his spouse at Navi Mumbai and mentioned that the 2, who’ve filed complaints in opposition to one another, “simply can not reside collectively as there have been fixed quarrels between them”.

A single-judge bench of Justice Sarang V Kotwal, earlier this month, was listening to an anticipatory bail plea by the person in reference to an FIR registered by his spouse with Rabale police station, Navi Mumbai on December 2, 2021.

The bench mentioned that “husband’s custody won’t actually remedy the difficulty” and, subsequently, custodial interrogation was not required for the probe. The courtroom mentioned the husband within the occasion of his arrest be launched on bail on furnishing a private bond of Rs 30,000 together with sureties.

The couple bought married in November 2017 and have a three-year-old son. The spouse mentioned that on the time of marriage, the applicant’s members of the family needed a gold coin every, nevertheless, her household refused to present the identical.

She alleged that after the wedding, her mother-in-law and father in-law used to remind her about their calls for and the husband would insult, humiliate and abuse her. The spouse alleged that she had given Rs 13.5 lakh to buy a flat in Vashi and so they began residing in it from November 2019, however the fights continued as her husband demanded more cash. The FIR claimed that the applicant had inflicted some wounds on himself to point out that his spouse had insulted him. The plea additionally mentioned the husband had retained ornaments value Rs 4.2 lakh with him.

The spouse additional alleged that though she began residing along with her sister, the applicant visited her and demanded to see his little one and referred to as the police by making false allegations.

Advocate Resham I Sahni for applicant husband termed the spouse’s allegations “false” and mentioned that the husband had spent Rs 90 lakh by elevating mortgage for flat buy and he or she had solely spent for inside ornament.

Sahni submitted that the applicant had taken the spouse to Mauritius and had gifted her an costly mobile phone and referred to WhatsApp chats to point out that the spouse was continuously harassing and assaulting the husband, as a result of which he had lodged a non-cognizable (NC) grievance in June, final 12 months. The informant lodged an FIR in opposition to him to counter his case, Sahni mentioned.

After listening to submissions within the case, Justice Kotwal orally remarked, “It appears like marriages are usually not made in heaven, however they’re made in hell.” The decide, whereas permitting the plea, famous so as, “The FIR exhibits that the applicant and the informant simply can not reside collectively. There have been fixed quarrels between them… There are allegations and counter allegations, which may solely be determined throughout the trial.”





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Tags: bailBombaycaseCourtDomesticgrantsHighhusbandprearrestviolence

Jane Holland

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