Bail In Marital Disputes Can't Be Conditional On Payment Of Maintenance : Supreme Court

In a case arising out of a matrimonial dispute, the Supreme Court recently set aside a bail condition making the husband's anticipatory bail subject to payment of maintenance to the wife."When application for bail is filed, the Court is required to impose such bail conditions which would ensure that the appellant does not flee from justice and is available to face Trial. Imposing conditions which are irrelevant for exercise of power under Section 438 of the CrPC would not therefore be warranted", observed a bench of Justices Hrishikesh Roy and SVN Bhatti.Briefly stated, the appellant-husband approached the Patna High Court apprehending arrest in a case registered for the offences under Sections 498(A), 504, 379 and 34 IPC and Section 4 of the Dowry Prohibition Act. While granting anticipatory bail, the High Court, in view of appellant's willingness to pay maintenance to the complainant-wife, imposed a condition that Rs.4000/- (per month) shall be deposited by him in the account of his wife. In the event of appellant's failure to pay maintenance for 2 consecutive months, lower court was given liberty to cancel his bail bond.Challenging this order, the appellant approached the Supreme Court.Advocate-on-Record Fauzia Shakil appeared for appellant-husband and submitted that the appellant was forced to marry the complainant-wife. She further informed that the appellant has moved the competent Court for annulment of marriage, which proceedings are pending.Although the complainant-wife did not enter appearance, the state counsel objected to the appellant's submissions and urged that the impugned bail condition was imposed following the appellant's own offer to make said payment.After going through the records, the Court opined that that the bail condition imposed by the High Court directing the appellant to pay monthly maintenance @ Rs.4000 to the wife was not merited."However, appellant is bound to remain available and face the trial as required by law. The learned Trial Court should therefore impose appropriate bail condition(s) to facilitate the appellant to remain on bail, while availing bail under the impugned order dated 17.07.2023", the order noted.Case Title: SRIKANT KUMAR @ SHRIKANT KUMAR VERSUS THE STATE OF BIHAR & ANR., SLP (Crl.) No(s).13083/2023Citation : 2025 LiveLaw (SC) 67Click Here To Read/Download Order

Bail In Marital Disputes Can't Be Conditional On Payment Of Maintenance : Supreme Court

Debby Jain

Tags