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In a case registered after fourteen years of marriage, a man moved an anticipatory before the Allahabad High Court seeking anticipatory bail contending that the case was a glaring example of misuse of Section 498A of the Indian Penal Code (Husband or relative of husband of a woman subjecting her to cruelty).

The bench of Justice Mohd. Faiz Alam Khan allowed the relief while noting that the case is evidently a matrimonial dispute in which there is every possibility that the differences between the parties could be resolved.

Court noted that the man and his wife also have three children and the man had vehemently submitted that he is ready to do all that is necessary to save his marriage if proper persuasion is made through the mode of mediation.

Therefore, stressing that 'however, for that purpose consent of the opposite party no.2 (the wife) is required,' Court issued notice to the wife returnable within 30 days and posted the matter after four weeks for further hearing. 

While pressing the anticipatory bail application, the man had stated that in the intervening period of 14 years within the marriage, no complaint of any kind had been made by his wife against him pertaining to any cruelty committed in lieu of demand of dowry, and thus suddenly after 14 years of marriage demand of dowry and cruelty in lieu thereof could not be believed.

Referring to a paper that had been moved by his wife before the Chief Minister of the State, the man had alleged that his wife was pressuring him to lodge an FIR against the persons named in that application and when he did not lodge F.I.R., she became annoyed, left her matrimonial home and lodged the instant F.I.R.

He had also submitted that he had not pronounced 'Talaq' as claimed by his wife and he is ready to keep her with him and is ready to do all that is necessary to save his marriage.

To show his bonafide intention,he had told that court that he was even ready to deposit Rs.15,000, which may be paid to his wife and the matter be referred to the Mediation Centre as there is every possibility that by way of mediation the differences between him and his wife could be resolved and the matrimonial dispute may be amicably settled.

Considering all the submissions made, Court decided to grant anticipatory bail to the man on his furnishing personal bond of Rs.25,000 and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned.

Case Title: Mujammil v. State Of U.P.And Another