The High Court of Jharkhand addressed a prayer for anticipatory bail in a matrimonial context. The Court noted the petitioner's suit for restitution of conjugal rights and his inability to pay interim maintenance. Consequently, the prayer for anticipatory bail was rejected.
Prayer for anticipatory bail of the petitioner was rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 425 of 2018
Ravindra Kumar Soni ….. Petitioner
Versus
05/Dated: 10/05/2018
Pursuant to order dated 07.03.2018, both the parties along with their learned counsels are physically present.
Possibility of reconciliation of the dispute through the process of mediation is explored.
It appears that vide Annexure-2, petitioner has filed a suit under Section 9 of the Hindu Marriage Act for restitution of conjugal rights vide Original Suit No. 62 of 2016 before the court of Principal Judge, Family Court, Koderma and the learned Principal Judge, Family Court, Koderma vide order dated 13.07.2017 has allowed the suit and directed the opposite party no. 2 to join the petitioner.
When query is made to this petitioner as to whether he is ready to pay Rs. 4,000/- per month to the opposite party no. 2 by way of ad interim maintenance, he showed his inability to pay the aforesaid amount.
So, taking the aforesaid fact and also the fact that petitioner is the husband of the opposite party no. 2, I am not inclined to admit him on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.
(Anant Bijay Singh, J.)
Sunil/
3 issues framed by the court
Whether to admit the petitioner on anticipatory bail given his refusal to pay interim maintenance.
Whether the petitioner's financial inability to pay maintenance bars the grant of anticipatory bail in a matrimonial dispute.
Whether mediation is a prerequisite for granting anticipatory bail in cases involving matrimonial disputes.
1 provisions across 1 enactments
Ravindra Kumar Soni
The State of Jharkhand
Khusboo Kumari Verma
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
