Recently Delhi High Court, granted bail to a husband which was charged for his wife’s death due to dowry demands under section 304B of IPC.
The bench led by Justice Vikas Mahajan noted that due to exceeding time and since case is not likely to be concluded soon so there is no use of keeping the man in the jail.
The case was filed by wife’s father under section 304B of IPC stating that his daughter died due to dowry demands. It was also alleged that the husband had an extra marital affair and was also into betting so her daughter left him.
The petitioner, the husband stated that due to matrimonial disputes, they were living separately and his wife was on medications for anxiety and depression. Furthermore, it was observed that the demand of dowry was not the triggering element for her, was stated by her treating doctor.
The court also observed that there was so much gap in the wife leaving her husband’s residence and her death, so held that the harassment or cruelty should be “soon before death” and should be “related” to the demand of dowry to make husband liable under section 304B of IPC.
The High Court also stated that expression “soon before death” is something relative and will ultimately depend on the facts, case to case but the demand of dowry must not be stale and rather a continuing case for the death of the married woman.
The court granted bail on the condition to furnish a personal bond of ₹25000 and a security bond of the same amount.
Case : Parul v. NCT of Delhi
Written By : Vidhi Mahajan, a BALLB student from Guru Nanak Dev University , Amritsar and a Legal Intern under Legal Vidhiya.
0 Comments