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Kerala HC directs husband and his parents to surrender before magistrate in matrimonial dispute

Kerala High Court denied Pre-arrest bail to a husband and his family observing a Prima facie case and directed to surrender before magistrate.


Kerala High Court denied Pre-arrest bail to a husband and his family observing a Prima facie case and directed to surrender before magistrate.

The Kerala High Court, bench of Justice Shircy V dismissed the husband plea for protection from arrest observing that the allegations levelled against these husband are grave and serious in nature.

The Case

The couple (both doctors) got married in September, 2020 and the woman stayed with husband and in-laws till April, 2021. The woman contended the bail application of her husband that her parents gifted her 7 Lakh rupees, a car, Gold ornaments and 2 acre land.

The woman further alleged that due to the compulsion of the husband, some land was transformed to his name but he was demanding entire 2 acre land. She was manhandled and treated with cruelty when she refused to transfer the land.

It was also alleged that, the husband and his family assaulted physically when the woman’s family came to take her.

The Counsel Submissions

The learned counsel for the petitioners submitted that the husband and his family has not committed any offense as alleged. He has recently joined Government service in May 2021. The counsel also submitted that, the family has been falsely implicated in the case because the woman wanted to shift in a separate residence.

The learned Public Prosecutor contended on the basis of the physical injuries to the woman and her family. The PP also submitted that, the investigation is in the preliminary stage and if he is granted bail, it will adversely affect the proceedings.

The Bench

The bench observing the physical injuries to the woman and her family, said it a “grave and serious in nature”.

“no doubt the allegations levelled against these petitioners are grave and serious in nature.”

The bench also passed the remarks as;

“Harassment, abuse and torture both mental and physical towards married ladies are increasing day by day in our country to pressurize them to bring more wealth to the family of the bridegroom to improve their financial situation. Though so many cases are being registered against husbands and in laws there is no change in the attitude of the society towards married women and family members. The attack towards them are of course, for various reasons, making their matrimonial homes as most dangerous place to live and number of cases being reported in our country is alarming, though stringent laws are there. This has to be stopped for ever. But, if anticipatory bail is granted to such wrong doers definitely, that will give a ‘wrong message’ to the society”, in the order.

The bench dismissed the husband plea of Pre-arrest bail and directed him to surrender before magistrate and seek regular bail on Merit.

“I do not think that this is a fit case in which pre-arrest bail can be granted to him. Prima facie it is seen that his brother and his parents also joined to commit the alleged offences. So they also do not deserve pre-arrest bail as requested.”, in the order.

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