In vexation over the continuous quarrels and complaints between a husband and wife, Bombay High Court was prompted to remark that marriages are not made in heaven, but they are made in hell. The court said that they had made their lives hell for each other.
Observing that there are constant quarrels between them, Single-judge Justice SV Kotwal granted anticipatory bail to the husband. He was accused of cruelty and dowry demands by his wife.
“FIR shows that how the applicant (husband) and informant (wife) just cannot live together. There were constant quarrels between them,” Justice Kotwal said.
Taking note of their continuous complaints and counter complaints, the bench orally remarked, “marriages are not made in heaven, they are made in hell”.
In December 2021, the wife filed a complaint where she alleged that during their marriage in 2017, the husband’s family wanted a gold coin for each family member. She added that due to non-fulfilment of the demand, they harassed her.
She also mentioned that she had given ₹13,50,000 for purchasing a flat and her husband has retained jewelry worth ₹4,20,000. The wife also alleged that her husband inflicted some wounds on him to pretend that he was assaulted by her.
Taking note of the complaint, an FIR was registered under Section 498A (cruelty by husband and in-laws) under the Indian Penal Code and offences under the Dowry Prohibition Act.
The husband also made some counter-allegations wherein he submitted that he had taken his wife to Mauritius after the marriage and also gifted her an expensive cell phone. He also alleged that he spent ₹90,00,00 by raising a loan for the flat. He also referred to some WhatsApp chats claiming that the chats clearly show how he was harassed by his wife.
He also stated that he was the first one to file a complaint against her and the wife filed a counter-complaint.
Noting that the husband’s custody will not solve the issue, Justice Kotwal said, “Even for the purpose of investigation his custodial interrogation is not necessary. He can be asked to co-operate with the investigating agency. There are allegations and counter allegations, which can only be decided during the trial.”
The court directed the police to release him on bail on furnishing the bail bond of ₹30,000 with one or more sureties.
