Anticipatory Bail In Matrimonial Cases

For anyone who is aware of the reality of more marriages coming to an end, they know the reality of matrimonial cases. While the numbers of divorces are roaring, it is seen that matters take years and years, while parties waste some crucial moments of their life running to and fro from one Court to another. The situation is too bad for husbands, because it is not the divorce cases which bother, it is the criminal matrimonial cases which take a lifetime to decide but suck life out of life. To avoid arrests in false cases is the ultimate resort for many, and that is where anticipatory bail in matrimonial cases comes to rescue. 

False Matrimonial Cases

It is a recent trend that whenever a marriage falls off the cliff, and divorce is the only option left, it is quite often that the wife fires back with false cases. As against one genuine divorce case by husband, the wife retaliates with a cruelty case under 498A (S. 85 of BNS), dowry case, and domestic violence case, while seeking maintenance as well. This leads to mental as well as financial loss for the husband and his family. That is why, it is all the more important for safeguarding the interests of husband and his relatives against such false cases, merely for upholding the sense of justice. Anticipatory bail is one such option which seeks to protect the husband and his relatives against arrest in case of apprehension of such false allegations.  

Anticipatory Bail in Cruelty Case (Section 498A of IPC ~ Section 85 and 86 of BNS)

With the new criminal laws in force, Section 498A, though a provision known even to laymen, Section 85 of the Bharatiya Nyaya Sanhita, 2023 is the new 498A which deals with cruelty against married women. Cruelty is a non-bailable offence, and thus, one can apply for anticipatory bail in such a case.  

How to get anticipatory bail in 498A case?

For an anticipatory bail in matrimonial case in a matter of cruelty by husband and relatives against married women, one needs to prove apprehension of arrest and how you deserve to be at liberty. In normal circumstances, the Judge looks at the criminal antecedents and social standing of the husband and his family. Previous conviction weighs against anticipatory bail in matrimonial cases, especially ones convicted for heinous crimes. The discretion of the Court and the ability of a lawyer to convince the Court of prima facie innocence of the husband his family decides the chances of grant of anticipatory bail in 498A case, The Courts are also aware of the recent fashion of false cases against husbands and their family members when marriage comes downhill. Thus, they look at the possibility of tampering evidence, flight risk, etc., and may grant anticipatory bail for genuine cases. 

Anticipatory Bail in Dowry Cases

Giving or taking dowry is prohibited under the Dowry Prohibition Act, 1961. Section 8 of the Dowry Prohibition Act, 1961 provides that every offence under the Act shall be cognizable, non-bailable and non-compoundable. It may be noted that the offences under Dowry Prohibition Act were originally bailable, substituted to be non-bailable through an amendment in 1986. Thus, if a person apprehends that his wife may proceed with filing a criminal case for dowry demands, he may apply for anticipatory bail. The main defense for such a case is that they never demanded any dowry from the bride or her family. If the parties are able to convince the Court regarding such apprehension, anticipatory bail in matrimonial case for dowry may be sought before the Court. 

Anticipatory Bail in Domestic Violence Case

The provisions of Prevention of Women from Domestic Violence Act, 2005 may bring in civil  as well as criminal consequences. In terms of criminal provisions under the DV Act, while domestic violence is not per-se a non-bailable offence. However, Section 31 of DV Act provides for punishment for breach of interim protection order, and Section 32 mentions the same as a non-bailable offence. Thus, since offence under Section 31 of DV Act is a cognizable and non-bailable offence, one can apply for anticipatory bail in matrimonial case for domestic violence. It may be noted that whenever there is apprehension that the wife may proceed with filing a criminal case for domestic violence against the husband and/or his relatives, they may connect with a criminal lawyer seeking anticipatory bail.  

Conclusion

Here, it can be seen that everything comes upon the lawyers who need to prove before the Court regarding the innocence of their clients, convince about their availability during the trial and investigation, and deny the allegations dropping bombs from the other side. That is where the experience of matrimonial lawyers comes handy for the parties who spent a fortune on getting their children married and see their marital lives falling apart.