Single judge dismissed an application for anticipatory bail after finding the petitioner's refusal to keep his wife amounted to mental cruelty, noting her willingness to reconcile.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRM No. M-19122 of 2010 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No. M-19122 of 2010 Date of decision: 15.02.2011
Lakhvir Singh
....Petitioner
Versus
State of Punjab
....Respondent
CORAM: HON'BLE MR. JUSTICE ALOK SINGH
Present: - Mr. Bhoop Singh, Advocate, for
1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest?
ALOK SINGH, J (ORAL)
Petitioner as well as complainant Ms. Pawandeep Kaur are present in person. Ms. Pawandeep Kaur has repeatedly stated that she is willing and ready to go with the husband-petitioner and to live with him; she is ready to forgive the petitioner for all the alleged incidents, however, petitioner is adamant not to take the wife with him. Petitioner has stated that istri dhan/dowry has already been returned to the complainant party. It has been further stated by the petitioner that earlier he was interested to keep the complainant-wife with him but because of some threats being given by the complainant now petitioner is not interested to keep her with him. Complainant-wife has stated that in future she will not give any chance of any complaint.
Refusal of the petitioner-husband not to keep the complainant-
CRM No. M-19122 of 2010 (O&M)
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wife with him without any reasonable reason amounts to mental cruelty.
I am not inclined to grant anticipatory bail.
Dismissed.
(Alok Singh) Judge
February 15, 2011 R.S.
2 issues framed by the court
Whether refusal to keep wife amounts to mental cruelty.
Whether anticipatory bail should be granted in domestic violence matter.
Lakhvir Singh
State of Punjab
Allok Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
