CRM M-10821 of 2014 [1].IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CRM M-10821 of 2014 Date of Decision: May 22, 2014 Jaswinder Pal Singh …..Petitioner versus State of Punjab …..Respondent CORAM: HON’BLE Mr.JUSTICE M.M.S.BEDI.
-.- Present:- Ms.J.J.Kaur, Advocate for the petitioner Mr.C.S.Brar, DAG, Punjab.
Mr.H.S.Batth, Advocate.
-.- M.M.S.BEDI, J.
(ORAL) Matter was referred to mediation for reconciliation in the matrimonial dispute.
Mediation having failed, the matter has been referred to this Court again.
Counsel for the petitioner submits that the petitioner is ready to resume cohabitation.
Complainant is apprehensive that she would not be taken to the matrimonial home but in other accommodation.
Gupta Sanjay 2014.05.24 17:39 I attest to the accuracy and integrity of this document High Court Chandigarh CRM M-10821 of 2014 [2].Petitioner seems to have not taken any alternative accommodation.
Offer to resume co-habitation and stay together by the husband prima facie appears to be an excuse to evade the matrimonial obligations of maintaining the complainant wife or to permit her to enter in the matrimonial home.
Counsel for the complainant informs that there is enough accommodation in the three storied house of the petitioner to accommodate the complainant in a separate portion of the house but the rights in the house seem to have been relinquished by selling the same.
Petitioner seeks the concession of pre-arrest bail in a case registered at the instance of Harmeet Kaur alleging that petitioner was married to her on January 20, 2013.
A sum of Rs.16 lacs was allegedly given during wedding alongwith 29 tolas of gold.
An amount of Rs.4.60 lacs was allegedly demanded after marriage on May 13, 2013.
The complainant was allegedly physically and mentally tortured by the petitioner and his family membeRs.The sister-in-law of the complainant had allegedly abused the complainant.
There are allegations of physical assault and beating in October 2013 whereafter she was thrown out of the matrimonial home.
Counsel for the petitioner has vehemently urged that the complainant wife is a divorcee having obtained money on dissolution of earlier marriage.
Counsel for the petitioner has further submitted that the parents of the petitioner are bed-ridden and complainant had married the Gupta Sanjay 2014.05.24 17:39 I attest to the accuracy and integrity of this document High Court Chandigarh CRM M-10821 of 2014 [3].petitioner on the basis of a compromise that she would look after the parents and would live peacefully with his 47 years old sister.
Counter allegations have been levelled that on account of her conduct, the father of the petitioner had to file a criminal complaint against the complainant.
I have heard learned counsel for the petitioner, counsel for the complainant and State counsel.
It is the contention of learned counsel for the State that the recoveries are required to be effected as the istri dhan of the complainant has been misappropriated.
The complainant is still ready to resume cohabitation with the petitioner but the petitioner is adamant not to settle her in the matrimonial home despite her legal right under Section 17 of the Protection of Women from Domestic Violence Act, 2005.
The offer of the petitioner to resume cohabitation in an accommodation which is yet to be taken appears to be an evasive approach to mentally torture the complainant.
The petitioner and his father have already adopted the device of filing criminal complaint to take the advantage of her helplessness and to dictate her terMs.In view of the specific allegations of assault and the inhuman behaviour and attitude with an objective to malign and torture the complainant physically and mentally, I do not find any extraordinary exceptional circumstances to grant the concession of pre-arrest bail to the petitioner.
Gupta Sanjay 2014.05.24 17:39 I attest to the accuracy and integrity of this document High Court Chandigarh CRM M-10821 of 2014 [4].Dismissed.
Nothing mentioned in this order will prejudice the rights of the petitioner to seek the concession of regular bail or to approach this Court again in case the matter is resolved at any stage.
May 22, 2014 (M.M.S.BEDI) sanjay JUDGE Gupta Sanjay 2014.05.24 17:39 I attest to the accuracy and integrity of this document High Court Chandigarh