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When A 'Wife' Challenged An Unusual HC Order Restricting Her Mobile Use [Read SC Order]

18 Aug 2019 2:38 PM GMT
When A Wife Challenged An Unusual HC Order Restricting Her Mobile Use [Read SC Order]
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Matrimonial Disputes are not unusual, but some orders passed by Courts in the litigations connected to such disputes are.

The Supreme Court bench comprising of Justice Sanjay Kishan Kaul and Justice KM Joseph came across a special leave petition which impugned one such 'unusual' order by the Jharkhand High Court in an Anticipatory Bail Application.

Apprehending arrest in a criminal case filed by his wife, a man had approached the High Court seeking anticipatory bail. The High Court made the couple appear before it and persuaded them to settle the matters.

One of the conditions imposed in the 'consent order' was that the husband will provide mobile phone to the wife for talking to her brothers and sisters for a maximum period of one hour daily and that she will not keep any individual/separate mobile with her.

Aggrieved with this order restricting the time period to use mobile, she approached the Apex Court contending that no such consent was actually given. The bench observed: "On a reading of the conditions, it appears that the intent is to seclude both the wife and husband from interference in the matrimonial affairs by their respective parents. What is material is, it is a consent order which is so recorded."

The bench dismissed the SLP but granted liberty to her to move the High Court, claiming that she had not consented to this portion of the order. 

Click here to Read/Download Order

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