MOBILE PHONE BECOMES AN ESSENTIAL CONDITION FOR ANTICIPATORY BAIL IN MARITAL DISPUTE

The Supreme Court heard a pretty extraordinary case of marital dispute. The Special Leave Petition (Criminal) was filed by a woman, who was perturbed by the judgement of the Jharkhand High Court. The matter, which was of anticipatory bail, was listed before Justice Sanjay Kishan Kaul & Justice K. M. Joseph.

The petition was filed before the court regarding the unusual conditions for the anticipatory bail of the man. The wife had challengedthe condition number 3 which restricted the time period of her using mobile phones.

At the time of delivering the judgement at Jharkhand High Court, there were four conditions which were laid down. These were that the petitioner will keep and maintain the opposite party No.2 with full honour and dignity as his lawful wife, neither the family members of the petitioner nor the family members of the opposite party No.2 will visit the house of the petitioner where the petitioner and opposite party No.2 will reside, the petitioner will provide mobile phone to the opposite party No.2 for talking to her brothers and sisters for a maximum period of one hour daily provided the opposite party No.2 will not keep any individual/separate mobile with her.

& the petitioner will get his son admitted in a good and renowned school of Chatra.

From these conditions, wife was perturbed by the third condition which says that the husband will provide her a mobile phone to talk to her brothers & sisters & that she will not have a separate phone.  The wife aggrieved by this condition filed a petition in the Supreme Court.

The court questioned the stand of wife as to her consent to the judgement of the High Court. But it was submitted by her advocate Ganesh Khanna that no consent was given to the said conditions. Moreover the bench, while reading the High Court’s judgement, also observed that on a reading of the conditions the intent is to seclude both husband & wife from interference in the matrimonial affairs by their respective parents.

Finally, the Special Leave Petition was dismissed by the Supreme Court. However, the wife was granted the liberty of approaching High Court & argues as she has not given any consent to the aforesaid conditions.

By-

Harshvardhan Gupta

Student Reporter, INBA