Bail granted in 354, 376, 498A case to a NRI hubby. Court refuses to stop him traveling, says right to livelihood is fundamental right ! Court refuses to take up maintenance claims as well, says that’s for appropriate court to handle !
- The Hon. court grants bail to a harassed NRI hubby in addition to accepting his right to live and work abroad for his livelihood is a fundamental right !
* Attempt to stop the husband from traveling abroad is also REJECTED by the hon court !
* The Hon court also clearly dismisses the claim that maintenance is NOT paid and says that’s for the appropriate court to decide !
* A very useful order for NRI husbands harassed with fake and / or vague allegations
A redacted and annotated extract of this bail order is given below PURELY for information purposes only. This is NOT a copy of the bail order. This extract is shared to spread awareness among harassed husbands hit with false 498a, false DV cases
Additional Sessions Judge
___________ courts, New Delhi
Bail application # _____ / __
___________ Vs ____________
FIR No. _______ / _____
Police Station ______________, __________
Under Sections 354/376/511/498-A/406/34 Indian Penal code
Date of order : ____/__/____
__________________ IO / Inpsector
__________________ Counsel for the Applicant
__________________ PP for the state
This is a matrimonial dispute. During the arguments, it is submitted by the IO that she has carried out the investigation and the applicant has joined the investigation. She has further informed that applicant has brought the stridhan articles four times but it is the case of the complainant that the entire goods have not been brought. IO further submits that she has completed the interrogation of the applicant. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com
It is submitted by the counsel for the complainant that applicant has appeared before the IO only when lookout notice was issued. However the fact remains that the applicant is doing job in _____ (foreign country) and thus earning his livelyhood in (foreign country). Earning livelyhood by a person is a fundamental right.
It is further infomed by the counsel for the complainant that she is M.Sc.
In application along with the bail application, there is an application dated ..____ filed by the complainant wherein complainant admits that few artilces were returned but it is the case of the complainant that few jewellery articles have not been returned.
In the FIR there are vague allegations. It appears that the present FIR is our of frustration that the complainant could not accompany to (foreign country) ________ with the applicant. However it cannot be ground for dismissal of the bail application.
Counsel for the applicant submits that the applicant is not getting maintenance. However the matter of maintenance is to be adjudicated by the competent court. It is further submitted by counsel for applicant that applicant has also filed divorce petition. This dispute will be settled before the family court. Counsel for applicant further relied upon the judgement titled Arnesh Kumar v. State of Bihar & Anr. passed by Hon’ble Supreme Court in Crl. Appeal No, 1277 of 2014 on 02.07.2014 AIR (SC) 2756; and Chander Prakash Kayat v. State, Bail Application 1857/2014 (05/12/2014), 2015 (1) JCC 608 [Sunita Gupta J.]
As such the accused/applicant ________ __________ is admitted on bail on his furnishing personal bond in the sum of rs. 50,000/- each with two sureties in the like amount to the satisfaction of the Ld. MM / Link MM / Duty MM concerned.
At this state an application is also moved on behalf of the complainant for direction to the applicant to receive the summons. Heard on the application.
This application is disposed off with the direction that the summons may be served on the applicant/accused through the procedure prescribed under the law.
Ld. counsel for the applicant / accused prayed that direction may be issued for not leaving India by the applicant. Opposed on the ground that the applicant is earning his livelyhood through the employment in _________ (foreign country)
It is Fundamental right of the applicant if a person makes his livelihood and one should not be deprived that right however the complainant may resolve her dispute in the Family Court. In view of the same, applicant is directed to supply his address including address of India and ________ (foreign country) and any change thereof to the IO alongwith his mobile phone number in closed envelop which can only be opened by the IO or by the court.
At this stage, IO submits that she is getting interference in the investigation on behalf of the complainant when the IO went to investigate the matter, she get hindrances on behalf of the complainant. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com
IO is fully competent and nobody including the applicant/accused or complainant can interfere in that process of investigation by the IO.
As prayed for a copy of this order be given dasti to ld. counsel for the applicant/accused and another copy of this order be given dasti to IO of the case.
Application be consigned to record room.
______ Judge (______) …. , Delhi