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Law Learner (Professional)     11 June 2012

Can live in relation may lead to regular bail cancellation

Dear Experts

I would like to know your views and comments on the below mentioned query -

Suppose a person is out on a regular bail.Charges on him are under IPC 498a/406. He is now living in relation with another lady who is legally divorcee and this person has not got divorce yet.

In case anytime his existing wife came to know about his this relation and make the court aware of this,

can on her husbands live in relation bases she may get his regular bail cancelled by challenging the same on the bases of cruelty or any other bases ?

Thanks in anticipation



Learning

 8 Replies

Amit Gupta (Advocate)     11 June 2012

Dear friend....

in india if husband is having ilicit relation thn this is no offence, but if the wife is having then it is offence.

further under 498 A, cruelty is not matarieal, wht is important is demand of dowery and cruelty in furthernce of demand.

hence the husband living in with some other girl can be ground for divorce petetion as cruelty but not under IPC.

Amit Gupta (Advocate)     11 June 2012

Dear friend....

in india if husband is having ilicit relation thn this is no offence, but if the wife is having then it is offence.

further under 498 A, cruelty is not matarieal, wht is important is demand of dowery and cruelty in furthernce of demand.

hence the husband living in with some other girl can be ground for divorce petetion as cruelty but not under IPC.

Law Learner (Professional)     11 June 2012

Thanks, Amit and Ashish for answering this query.

It's higly appreciated.

Kind Regards.

chetan (student)     11 June 2012

Greetings !!..

I think, cancellation of bail cannot be solely based on a live - in - relation...

but it will be admissible under sec - 8 of the indian evidence act..

and judicial jurisprudence needs to be applied...

Law Learner (Professional)     12 June 2012

Thanks for the reply, Chetan.

Anjuru Chandra Sekhar (Advocate )     12 June 2012

Bail is to ensure the accused do not run away from Trial.  The question of whether the accused being in a live-in relationship with some woman other than wife is irrelevant consideration for grant of bail.

 

Possibility of rejection is there if wife is able to convince the court that husband will escape with that woman without facing trial.

Law Learner (Professional)     13 June 2012

Thanks for reply Mr.Chandrasekhar.


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