What if Husband is living separately from parents?
If the husband is living separately from his parents and his wife residing with his parents at her matrimonial home and husband wants wife to leave his parents’ house and parents doing cruelty against the wife. Will husband get bail in that condition?
When husband is living separately from his wife and his parents and wife is residing at her matrimonial home with her in laws and the husband and his parents wants that the wife must leave her matrimonial home as the husband does not want to maintain the matrimonial relationship with his wife. The in laws do cruelty against the wife so that she will leave their house as the wife has put the matrimonial cases against the husband and in laws as she was facing cruelty from her husband and in laws as she is not meeting their growing dowry demands. If the in laws did physical assault and cruelty with her daughter in law and husband is residing separately from his parents and his wife, then the husband will not be eligible to grant the anticipatory bail from the court.
A per the latest judgement of the Hon’ble Supreme Court if husband is residing separately from his parents and wife, he will be equally liable for woman’s injuries in matrimonial home, says Supreme Court.
Earlier, the Punjab and Haryana High Court had refused anticipatory bail to the said petitioner and had extracted the woman’s complaint, which read, “On June 12, 2020 at about 9 pm, the petitioner (husband) and his father, armed with a cricket bat, gave the complainant merciless beatings in which the petitioner’s mother also participated. The petitioner attempted to strangulate the complainant and his father put a pillow on her face with an intention to kill her, after giving her merciless beatings…..”
In this case, as the husband’s counsel said the Apex Court that it was the husband’s father who had used the bat to assault her, the CJI-led bench said, “It does not matter whether it was you (husband) or your father who allegedly used the bat to assault her. When injuries are inflicted on a woman in a matrimonial home the primary liability is on the husband.”
Below is the link of Supreme Court notification:
Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997
