Man Can't Be Forced To Pay Maintenance To Estranged Wife For bail :SC

New Delhi, March 02: The Supreme Court has said courts cannot force a man, accused of torturing his wife for dowry, to pay maintenance to her as a condition for granting anticipatory bail in the case. Holding that such conditions are "onerous and excessive", a bench comprising Justices R V Raveendran and J M Panchal set aside a Delhi High Court order which had directed a man to pay maintenance of Rs 12,500 as a condition for granting him anticipatory bail. "When a High Court had found that a case for grant of bail was made out, it was not open to the court to direct the appellant (husband) to pay Rs three lakh for past maintenance and sum of Rs 12,500 per month as future maintenance to his wife and child," the court said. "The condition imposed by the High Court directing the husband to pay maintenance to his wife and child is onerous, unwarranted and is liable to be set aside," the court said. The court passed the order on a plea of a Delhi resident Munish Bhasin challenging the High Court's order directing him to pay maintenance to his wife as a condition for granting anticipatory bail in a dowry harassment case filed by his wife. "There is no manner of doubt that the conditions to be imposed for anticipatory bail cannot be harsh, onerous and excessive so as to frustate the very object of grant of anticipatory bail," the court said.

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