High Court Pagination
High Court Pagination
High Court Pagination
EXTRAORDINARY JURISDICTION
DISTRICT: MUMBAI
____________________ …Petitioner
Vs.
1. Mrs. __________________
2. Mr.
3. State of Maharashtra
Respondents
CONSTITUTION OF INDIA
TO,
OF JUDICATURE AT BOMBAY
for his son Master ______, whom he has not seen for over eight months and
who has been illegally confined by his wife after she has siphoned off large
changing the account password without his knowledge. That the petitioner
has taken all the measures from filing various police complaints, the custody
case and criminal case in which an enquiry was ordered. However, all efforts
of the petitioner have gone in vain, because she and her parents i.e., the
respondent No.1 and 2 are ignoring all summons from the police and notices
from the Family Court. Although she has been residing with her parents, the
Furthermore, the child has not attended school for the last two months.
Hence, the petitioner father is very suspicious and scared for his son’s life.
and wife. That one male issue namely Master _________ was born on
custody is with the mother i.e., the respondent No. 1. The respondent No. 2
are the maternal grandparents of the child and parents of the respondent
No.1.
petitioner and his wife, the respondent No. 1 herein. Probably because of
the same, she left the matrimonial home along with all her belongings and
the child without informing the petitioner husband. After leaving the
_________________ from the bank account, which were kept for the
purpose of the child’s future. Soon thereafter, she changed her address and
details of all the bank accounts to (her) parents’ address. The petitioner
states that their marriage survived for more than eight years during which
there were hardly any issues between them except for her obsession with
the child. In fact, they had jointly visited a psychiatrist over the issue of the
child, but it couldn’t be addressed. She never allowed the father i.e., the
petitioner herein, to be alone with his own child, even at a nearby park.
3. That in this current situation, where she has suddenly left the house with
their son, he does not know where to find her and their son. Her parents
said that she does not stay with them hence, they are not accepting the
notices from the Family Court. The child has also not attended school for
the past two months. The attendance sheet is annexed and marked as an
respondent No. 2 i.e., her father but received no response. That the only
Violence case filed by her against all the in-laws. That the said case is
No. _______.
5. That the petitioner husband has filed a custody case before the Family
Annexure “B” here. At the time of service of the summons, the petitioner
husband learnt that the respondent wife is not residing at the address
provided in her Domestic Violence case. Neither is she residing with her
is she. That the respondent No.1 was last seen in the company of her
Since that day there is no communication from her. She is not responding
to phone calls, SMSs, police officer’s calls and even the Court notice is left
unserved. Now at last, the petitioner herein has taken order from the
filed. Unfortunately, she has not attended The Court for the last two dates
and the Counsel representing her has refused to receive the notice on her
behalf.
6. That the petitioner has also filed a police complaint with ______ Police
did not respond. The Closure Report of the present complaint says that she
has refused to come to the police station and inform about her
whereabouts. The Closure Report of the _________ Police station is
confining/detaining their son, who is five years old. She is not allowing the
petitioner father herein to meet him. That all the efforts by him to see his
son have become futile for the past eight months. That she is depriving the
exclusive control of the child and in that, she is harming the child’s future
and a serious note has to be taken of the same and hence, the present writ
is being filed as a last hope because all the other legal remedies have failed
8. The petitioner states that he has no idea, where is the child and the worst
he can think is about the safety of his child due to his overprotective and
obsessed mother i.e., his wife. That this alone shall be the ground on which
whose whereabouts are not known since the past eight months.
The above wordings are the guidelines for any child’s welfare and the
petitioner relies on the following grounds amongst the others in the light
of above explanation:
GROUNDS
____________ and the whereabouts of her and their child is still not
known till date. The petitioner husband has not seen the child for the
past more than eight months. All the other alternatives mentioned
above i.e. police complaint, the custody case and criminal case have
failed and hence, the present writ is the last hope of a father to see his
child.
ii. That after disappearing from her matrimonial home, she has siphoned
___________________________________________ only)
from the bank account which was primarily kept for the child’s future.
Therefore, her intentions may not be good and with the child being in
her control, she may play any foul game. Hence, a father seeks the
the child.
iii. The child is not attending school since a long period of two months.
With no end in sight, this act of respondent No. 1, intended towards the
iv. That the Hon’ble Supreme Court in the case of Gaurav Nagpal Vs.
Sumedha Nagpal, AIR 2009 SC 557, which dealt with the child custody
matter also laid down that, the special statutes which governs the rights of the
can stand in the way of the Court from exercising its parens patria
jurisdiction.
9. That at last, the petitioner is not able to serve to the respondent No.1 any
of the notices/summons and the police have failed to call her to the police
station, and the respondent No.1 has not even been attending her own case
filed under the Domestic Violence Act, puts a big question mark about her
whereabouts and consequently about the child too. The petitioner is totally
broken not seeing his son for more than eight months, and hence knocking
10. The petitioner states that he has not filed any other petition/writ before
this Hon’ble Court or Hon’ble Supreme Court for the same relief.
11. This Hon’ble Court has jurisdiction to entertain and decide the present
writ as all the facts occurred in the jurisdiction of this Hon’ble Court.
12. The petitioner has no other efficacious or alternative remedy and hence,
PRAYERS:
respondent No.1.
enquiry about the whereabouts of the child with the respondent No.1
and 2.
c) Pass such other order/relief(s) that may be deemed just, fit and proper
For this act of kindness, the petitioner as in duty bound shall ever pray.
Date:
VERIFICATION
_____________________________________________, the
and correct.
Identified by me,
DISTRICT: MUMBAI
Constitution of India
Read with
Code, 1973
And
………………………Mumbai.
Mr.___________________
______________________ ...Petitioner
Vs.
1. Mrs. _____________________
TO,
under the provisions of the Domestic Violence Act is that there should
Canadian citizen and is staying separately, as per her own admission, for
the last 15 years at the time of filing of the Domestic Violence proceedings.
2. Issues in controversy:
The petitioner husband is an Indian citizen who is 73 years old today, and
has been residing separately, away from his wife i.e., respondent No.1
herein, for the last 15 years or more in India. She is a Canadian citizen,
No. 5 of the proceedings filed before the Hon’ble Trial Court, she and
matrimonial abode was at Dubai and never ever in India. Also, her
passport if asked to produce would clear the air that her visits to India are
(b) Jurisdiction
wherein any incident of domestic violence has taken place in this country,
Canada and the Petitioner’s relocation to India. So, it is her own case that
at no point of time did the couple stay together in India. Hence, there
That the first-hand reading of the entire case takes us to the property
The Domestic Violence Act is meant to help women from all walks of lives,
the respondent wife herein for resolving her property dispute after a long
the marriage, the parties went to live in Dubai, where the petitioner was
employed. The petitioner and the respondent were blessed with two
petitioner left his job and started his own business in Dubai in the year
______. In the year _____ the petitioner moved to India whereas the
There the respondent qualified as a Fitness expert and opened a center for
the same. The parties married off their daughter in Mumbai in the year
the petitioner went to Canada after his mother’s death in California and
handed over to the respondent his deceased mother’s jewellery, which she
had left for her. On _______ the respondent instituted proceedings under
India in Mumbai, which is the subject matter of the present writ. The
leave. However, a short date was given and suddenly an ex-party order is
petitioner to produce his financial documents, when the petitioner and his
Counsel was absent though the matter was always kept for evidence
throughout before that. That both these orders are marked & annexed
following grounds:
GROUNDS
application.
B. Because the petitioner and the respondent are living in two different
years.
legally there, which speaks volumes about the nature of her motive to
(a) The law is well-settled, that such fleeting trips to any place cannot
place and stayed there till disposal of the case. This was observed
held that when there is a separation of long period i.e., 34 years (in
the instant case i.e. of 15 years), prima facie there cannot be
domestic violence.
union of both the spouses for the longer period, the wife cannot file
shared household.
Hon’ble Court to quash the proceedings under the Domestic Violence Act
7. This Hon’ble Court has jurisdiction to consider, try, and dispose of the
present petition.
10.The petitioner begs to add, alter, or amend any of the grounds if necessary.
a) This Hon’ble Court be pleased to admit and allow the petition for
Women from Domestic Violence Act, 2005 filed before the ____Court
……………………………. Mumbai.
……………………………, Mumbai.
For this act of kindness, the petitioners as in duty bound shall ever pray.
Date:
VERIFICATION
at__________________________________________, do hereby
solemnly affirm and state whatever is stated hereinabove is true and correct
Identified by me,
DISTRICT: _______
Vs.
SYNOPSIS
No
married at Mumbai.
permanently reside.
marriage.
4. The petitioners came down to Mumbai from .
Jaipur.
Supreme Court.
Act.
meeting.
POINTS TO BE URGED:
1. Whether ingredients of Section 498A can be attracted in a case, where the
come back?
2. Whether the delay of almost 2 and half years in lodging an FIR against the
settlement?
AUTHORITIES TO BE CITED:
3. Thulia Kali Vs. State of Tamil Nadu (Criminal Appeal No. 165
ACTS TO BE REFERRED
DISTRICT:_____
CONSTITUTION OF INDIA
AND
1973
AND
1. Mr. __________________
2. Mr. ____________________
3. Mrs. ___________________
All residents of
__________________ ...Petitioners
Vs.
1. State of Maharashtra
2. Mrs. _____________________ …Respondents
TO,
PETITIONERS
“If cry of "wolf" is made too often as a prank assistance, then the protection
These words of Justice Arijit Pasayat from the very recent judgement of our
country’s apex Court in Sushil Kumar Sharma Vs. Union of India and
others, (2015), speak a volume about the misuse of the laws related to women,
especially section 498A of Indian Penal Code. It has been termed it as one
kind of legal terrorism. The present one is a peculiar example of the same with
the facts unfolding in synopsis and the present writ herein below.
1. The present writ is for invoking the inherent powers of this Court under
article 226 read with section 482 of Criminal Procedure Code to act ex
Section 498A, 406 and 323 read with 34 of the Indian Penal Code. That
this is a classic example, where the wife leaves the matrimonial home with
after two and half years, that she was thrown out of the matrimonial home,
for the first time in the present FIR lodged on ___________, which is
That the marriage between the petitioner No.1 and the complainant was
The petitioner Nos. 2 and 3 are the father-in-law and the mother-in-law of
home but her stay there was only for 40 days. She then returned from
to her parent’s home on first festival. Thereafter, she did not go back to
Jaipur and that led to litigation between the parties i.e., a divorce petition
an FIR after a gap of two and half years against all the in-laws. Further, the
petitioners came all the way to Mumbai from Jaipur and met her three
times. The petitioners were not even informed of the Domestic Violence
of_______.
498A, 406, 323 r/w 34 against all the petitioners mentioned hereinabove,
at the instance of the complainant i.e., wife, the respondent No. 2. The
relevant para No. 9 and 12 from the FIR is filed as typed copy as the
original page is not legible in reading. That the allegations therein are
about throwing her out of the matrimonial home, whereas the truth is that
she came down to Mumbai from Jaipur as a newly married daughter to her
parent’s home with proper flight ticket provided by the husband very much
herewith as an Annexure-B’.
5. The petitioners pray for quashing of the FIR on the following grounds:
GROUNDS
matrimonial home, is prima facie false. The truth is that she came in her
B) Because there is a delay of two and half years in lodging the FIR.
is evident from her huge demand for settlement during the mediator’s
meeting.
D) Because her not returning to her matrimonial home indicates towards her
WhatsApp chat.
E) The Hon’ble Delhi High Court in the case of Poonam Singh Vs. State &
Ors, (2013), have come across a case where the subject of surrounding
documents other than FIR has to be looked into it. The said relevant para
important for this Court ought not to look at the FIR in a cursory manner,
from the undisputed documents. Thus, it is not just the FIR but the
harass her in-laws and extort huge financial settlement. After all the
in the FIR; she herself is unable to make out a cogent case against them
F) The Supreme Court in Thulia Kali Vs. State of Tamil Nadu (1972)
8. That the FIR is lodged at _______, _____ district where the complainant
resides, which comes within the jurisdiction of this Hon’ble Court, and
and submits that this is a fit case for exercising the inherent jurisdiction of
this Hon’ble Court under Article 226 of the Constitution of India and
under Section 482 of the Code of Criminal Procedure for quashing the FIR.
11. The petitioners crave leave to add, amend and alter the averments of the
12. That no other petition or application for quashing the FIR that is pending
before this Court or any other Court for the same relief sought herein.
PRAY E R S
FIR and direct them to close and drop the said proceedings;
(c) For such any other relief/order(s) as this Hon’ble Court may deem fit,
For this act of kindness, the petitioners as in duty bound shall ever pray.
Date:
VERIFICATION
________________________________, currently at Mumbai,
Maharashtra, for the purpose of filing the present writ petition, do hereby
solemnly affirm and state the facts and content hereinabove mentioned is true
Identified by me,
bail in Uttar Pradesh. It was scrapped in the year 1976 and recently re-
DISTRICT: ______
And
20___
Vs.
____________ )
2) ____________________________ )
TO,
THE PETITIONER
This Hon’ble Court in the year 2014 through Justice Vishnu Chandra Gupta in
He suffers a great stroke in his reputation and status in the society and
harassment to him.
2. Petitioner’s Case:
consensual sex (which had started from Facebook) between two married
shaped into hatred which has been cultivated into rape charges by
account. Also, there were instances where the woman who is the
respondent has online purchases from Amazon and the bills were paid by
the petitioner. This list includes costly watches, pillows, cell phone etc.,
That suddenly, their relationship went sour, and they did not see eye to
eye with each other. Her vengeful vendetta began with an email of the
herewith as Annexure 4.
Unsatisfied by just tainting his reputation with the emails, her vengeance
Swami Jee in this WhatsApp message also sent a copy of the police
________, there was a media report accusing him of rape charges and
his office colleagues and business heads has blotched his reputation,
which may cost him, his job. That, she has also attached their
other than the ones. She is threatening to circulate them. The Petitioner
is being blackmailed and threatened that, if he would not marry her then
Society. In this case, the respondent knew since beginning that the
petitioner was a married man with two children, and she still continued
the physical relationship, she herself being mother of one child. It was all
his compromising pictures with her. She is also asking her friends to
write and share her posts against the petitioner on her timeline. Her only
agenda seems to be to defame him and make him loose his job. She has
herewith as Annexure 7.
the FIR is lodged is nothing but social defamation of a person with whom
she was having consensual sex for about a period of seven months. This
civil remedy for this, but then the petitioner cannot be punished before
the charges are proved by way of her flashing about their failed
relationship, and calling him rapist on social media and amongst his
GROUNDS
A) Because a married lady, matured, educated (M.A.) and net savvy woman
having a 16 year old daughter, and she was aware of petitioner’s marital
status cannot and should not be allowed to cry rape, when she stayed in
relationship with her own consent at various times and various places
C) Because the petitioner and the original complainant (both married) were
evident from their joint photographs, her shopping bills, her regular
cannot be held as rape. It was flirtation by both of them for their own
"It cannot be lost sight of that rape causes the greatest distress and
humiliation to the victim, but at the same time a false allegation of rape
can cause equal distress, humiliation and damage to the accused as well.
injured witness was present at the time when the incident happened and
that ordinarily such a witness would not tell a lie as to the actual
assailants, but there is no presumption or any basis for assuming that the
embellishment or exaggeration."
the bud itself; a married woman gets involved in an affair during the
charges of rape case against her paramour. She saves the honour of her
married life, but destroys the life of a man by slapping rape charges.
G) The Delhi High Court in Harish Kumar Vs. State, 2010 quashed
apparent that the prosecutrix was aware that she was not married to
petitioner and marriage between her and petitioner was yet to take place.
She had developed intimacy as she herself was in love with petitioner
and she and the petitioner with consent of each other were enjoying each
consent of the prosecutrix, who was aware that no marriage had taken
place and the marriage between parties was yet to take place, no case
available to him, and therefore, the remedy by way of this writ petition.
7. This Hon’ble Court has jurisdiction to entertain, try, and dispose of the
8. The petitioner has not filed any other petition before this Hon’ble Court
grounds if necessary.
Therefore, the petitioner prays that this Hon’ble Court may graciously be
pleased to:
a. Issue the writ of certiorari to quash the impugned FIR against the
____ of 20___.
d. Pass such other order/relief(s) which this Hon’ble Court may deem fit,
For this act of kindness, the petitioner as in duty bound shall ever pray.
Date:
VERIFICATION
Identified by me,
POINTS TO BE URGED:
a. Whether when two adults (both married) are entering into consensual
sex, and later, if the relationship fails, can the woman cry rape?
b. Whether the act of defaming the petitioner openly at his place of work,
and on social media, before even the Court of Law proves him guilty,
ACTS TO BE REFERRED
Constitution of India.
Vs.
HUSBAND
The present writ is preferred against the interlocutory order of the Hon’ble
said writ is not maintainable as the section 28 of the Hindu Marriage Act bars
any appeal from the interlocutory orders, as well as the section 19 of Family
Courts Act, through a Special Statute which overrides the General laws as an
appeal lie from every judgment or order, not being interlocutory order, of a
Family Court to the High Court both on facts and on law. Further with due
respect, it is prayed that the decision of the trial Court could be interfered
only if the order is perverse or has manifest error in it. At present her total
proceedings which she has filed i.e., the divorce petition and the case under
1. Sunil Hansraj Gupta Vs. Payal Sunil Gupta, 1991 (2) Bom CR
520.
This Hon’ble Court in the celebrated case of Sunil Hansraj Gupta Vs.
Payal Sunil Gupta (AIR 1991 Bom 423), has held that the appeal against
Raman (ILR 1998 KAR 2131) has held, "The remedy under Article 226 of
Also, the view taken by Hon’ble Bombay High Court in the case of Mala
BLJR 784), is that the section 19(1) bars the appeal against any order passed
(2005 (4) Bom CR 493), Hon’ble Bombay High Court has re-iterated its
view that the impugned order is an interlocutory order, and therefore, it is not
appealable.
order, and hence, her haste to appeal against interlocutory order cannot
be considered at this stage, when the matter is kept for evidence since
3. That under the Article 226 (3) is not intended to circumvent the
statutory procedure as done in the present case. The said view is made
very clear in the case of Smt. Anusha Vs. K. Shankar Raman (ILR
have remedy of challenging the final order by way of appeal, the High
the Constitution". It is further held that "If the High Court decides to
interfere with the interim orders passed by the Family Courts, the same
The entire writ is misconceived on the facts as well as law and is not
palatable and digestible. The respondent puts the true facts by replying
information about the interlocutory order passed by the trial Court and
2. With reference to the Para No. 2, the respondent states that the
the writ petition itself. Hence, she is not expected to sit idle with such
3. With reference to the Para No. 3, the respondent states that the facts
4. With the reference to the Para No. 4, the respondent states that the
custom and religion, and he put her to strict proof to prove the same
own daughter. The vague allegations in the petition are made by the
wife to make out ground for the divorce. At the matrimonial home she
used to get up at 12.00 noon. So, she was hardly doing any household
mingle with other family members and create homely atmosphere. She
not being installed at home. Further she used to taunt her married
5. With the reference to the Para No.5, the respondent states that the
dowry again and again for the malafide reasons known to her only.
6. With reference to Para No. 6, the respondent states that the petitioner
is lying on oath. The respondent states that his married sister Mrs.
actually helped the petitioner a lot during her pregnancy, being a doctor
remarks about her sister-in-law’s marital life, which was not going good
at that particular time. The petitioner has twisted the facts to suit her
tall and false claims for getting divorced from the respondent. The true
fact about the issue of abortion of the child is that the petitioner wife
become ugly after the child birth.” It was the respondent’s sister who is
doctor by profession, talked sense into the petitioner about why she
should not abort her first child as it creates problem for future
pregnancy.
7. With reference to Para No. 7, the respondent states that the petitioner
statements. The truth is that after the child’s birth, the respondent and
his aged mother visited her maternal home to see the new born baby.
Even at that time, the petitioner behaved rudely with them. The
husband.
8. With reference to Para No. 8, the petitioner has not approached the
Hon’ble Court with clean hands. She has twisted the facts and mended
them in her favour. To put the real facts on record that in both the
Class, where the case under the Domestic Violence Act is filed, and
before the Hon’ble Civil Judge, Senior Division where divorce petition
matrimonial home.
stations and lastly at Mahila Cell, at …………... The Mahila Cell Police
complaint found to be false on the face of it. That now, she has filed two
legal proceeding i.e. one for divorce from which this writ has emerged
and another proceeding under the Domestic Violence Act against the
own free wish and whim, it is crystal clear that nobody compelled her to
Therefore, it is humbly submitted with due respect that in view of the above
facts as well as the legal submissions, the interference of this Hon’ble Court is
not required in the well-reasoned order of the trial Court and hence, the
costs.
NAGPUR
DISTRICT: MUMBAI
Mr. ________________________
Vs.
State of Maharashtra
constitution of India;
And
And
In the matter of quashing and setting
Magistrate, at …………..Court,Mumbai.
TO,
1. That through the present petition, the petitioner is seeking for the
section 3 and 25 of the Indian Arms Act, 1959, pending before the ____
That on ____________, the petitioner was departing from Mumbai, for his
official trip to New York. That during the security check by auto screening by
machine one cartridge was detected in his suitcase. Hence, a L.A.C. came to
and the said case is pending before the Hon’ble _____ Metropolitan
Magistrate Court, Mumbai. The copy of the charge sheet is hereto annexed
That petitioner’s father was a valid arms license holder, since the year 1984.
That in the year 2011, he sold off all the arms and ammunitions. But
unintentionally, one bullet was left in the outer pocket of his suitcase. The
same suitcase was carried by the petitioner, while he was going on his official
tour to New York. That the petitioner had no knowledge of the one cartridge
that was detected at the airport during the security check by the auto
GROUNDS
A) That the petitioner was not aware of the presence of the cartridge in the
suitcase of his father, which he was carrying along with him on his official
tour to New York. Thus, the main ingredient to constitute the offence under
was any mens rea to commit any crime. As it is well settled law that if there is
case at hand.
C) That no incriminating material was recovered from the petitioner
except one cartridge from the suitcase; which admittedly belonged to his
reputed company and was going on an official tour to New York, where the
State of Madhya Pradesh, 1972, has held that the possession of a firearm
F) That our own Hon’ble Bombay High Court has discharged the accused
G) That the Hon’ble Delhi High Court has observed in the case of Sonam
Chaudhary Vs. The State of Delhi NCT, 2016 that mere custody
without the awareness does not amount to any offence under the
verbatim here, “considering the fact that the petitioners had left behind
oversight, when they started their respective journeys and that the
their hand suitcases till the same were detected by the security personnel
inferred that the said possession does not fall within the ambit of 'conscious
of the petitioner, and they have not extended any threat to any person or
police official, hence, no offence under Section 25 of the Act is made out
NCT, 2015, which also resembles the present case in hand, the Hon’ble
Delhi High Court had held that the possession must be conscious possession.
I) That the Hon’ble Delhi High Court in Rahul Dhir Vs. The State of
Delhi NCT and ANR, 2015. on similar facts has held, in para No. 11, “This
J) That the Hon’ble Delhi High Court in Dharmendra Singh Vs. The
State of Delhi NCT, 2016, in para No. 33, “The case of the prosecution is
not that the petitioners were in conscious possession and therefore, on the
5. Therefore the present application for quashing of the L.A.C. and the
subsequent charge-sheet which, if not done, would cause immense pain and
prejudice to the petitioner and would put the petitioner up to the hardship of
7. The petitioner has not filed any other petition in this Hon’ble Court or any
other Court or the Supreme Court of India praying for similar reliefs.
8. That this Hon’ble Court has jurisdiction to try the present petition.
and submits that, this is a fit case for exercise of the inherent powers under
section 482 of the Code of Criminal Procedure for quashing the criminal
11. The petitioner craves leave to add, amend, alter the petition in the interest
of justice.
(a) That this Hon’ble Court be pleased to quash the proceeding in C.C. No.
under section 482 of Criminal Procedure Code pending before the Learned
(c) For such any other order/relief(s) as this Hon’ble Court may deem fit,
CR.P.C.
DISTRICT: MUMBAI
AND
AND
Resident of __________________
_____________________
_____________________ ...Petitioner
Vs.
State of Maharashtra
_________________________ …Respondent
TO,
PETITIONER
reduction and allowing to deposit cash bail under section 445 of the
taking care of the child and a working lady. The petitioner’s husband has
lodged this FIR against her for producing his salary details without his
permission before the Hon’ble Family Court, Mumbai. The charges are
under section 66 (C) and 66 (D) of Information Technology Act and
2. The above FIR was later transferred to the _______ Police Station,
Mumbai, who filed charge-sheet against her before the Hon’ble ___
filing of the charge-sheet, she was again granted fresh bail of Rs.50,000/-
with a surety of the like amount. That as any bail amount above
the present writ is for reduction of the bail amount. This will give relief to
huge amount. The said application along with the order passed thereon is
That the complainant and the petitioner are husband and wife, who got
married in the year ……….. There is one male issue born from the said
wedlock namely Master……………., aged ……… years old, who is in the care
and custody of the petitioner mother. That the petitioner and the
Tax returns details before the Family Court, showed his true income in the
GROUNDS
between the petitioner and her husband, who are also litigants before
ii. Because the petitioner has never misused the liberty of bail granted by
iii. Because the section 441 of Criminal Procedure Code speaks about
“sufficient” surety and does not give power to the Court to insist on a
particular surety.
& Ors. Vs. Home Secretary, State Of Bihar, 1979 in para No.5
about bail and surety are worth noting. It is re-produced hereunder for the
“To determine whether the accused has his roots in the community which
would deter him from fleeing, the Court should take into account the
on recognizance or on bail,
conviction and the likely sentence in so far as these factors are relevant
h. Any other factors indicating the ties of the accused to the community or
accused has his ties in the community and there is no substantial risk of
personal bond.
caution the Court that the amount of the bond which, it fixes should not be
based merely on the nature of the charge. The decision as regards the
absconding.”
5. That the Bombay High Court in Sajal Kumar Mitra Vs. The State of
under:
the Code of Criminal Procedure and wherever possible release the accused
7. This Hon’ble Court has jurisdiction to entertain, try, and dispose of the
present petition.
8. The petitioner has not filed any other petition either in this Hon’ble Court
10. The petitioner begs to add, alter, amend, or delete any of the grounds if
necessary.
d) That this Hon’ble Court be pleased to reduce the bail amount to Rs.
…….. from Rs. ……….. and absolve the petitioner from producing the
…………..
Or
f) That till pending the hearing and final disposal of the present writ
g) Pass such other order/relief(s) which this Hon’ble Court may deem fit,
For this act of kindness, the petitioner as in duty bound shall ever pray.
Date:
VERIFICATION
at _____________________________________________, the
Identified by me,
Court Acts
And
Marriage Act
And
Versus
COURT
case of Naveen Kohli vs Neelu Kohli, the way family matters are
to be evaluated:
to the institution of the marriage. The Court does not have to deal with the
ideal husbands and ideal wives. The ideal couple or a mere ideal one will
1. ORDER IN CHALLENGE:
Ld. Judge, Family Court, NASHIK, dismissing his divorce petition, bearing
Special Marriage Act, hereto annexed and marked as Annexure ‘A’ and
‘B’ is the certified copy of the said judgement and decree respectively.
2. BRIEF FACTS:
a. The marriage between the appellant and the respondent was
Maharashtra as per the Hindu rituals and the marriage was registered
under Special Marriage Act. The appellant is Hindu and the respondent
b. The respondent had agreed at the time of marriage that, she would
c. That for the first few years, the relations between them were normal
except little wear and tear of regular married life. However, both shifted
physical relation. The main issue of conflict between them was about
starting a family, which was always resisted by her. That the respondent
pleaded many times that they should plan for children as their age was
very advanced. The clashes on this were so intense that once in such
leave home. That even after all these restrictions from her, he tried to
d. That in the year ___________, the respondent went to USA for her
job without discussing anything with the appellant. That she informed
him at the last moment after her visa was ready and travel date was
fixed. Later the appellant himself went to USA to join her there. He
made every necessary attempt to live together but she never showed
any feeling. This is evident from her conduct and demeanour which is
stay with him in USA nor she was receptive towards him, whenever he
was also an unsuccessful attempt. This led him to file for divorce, which
to join him on the transfer of one of home which was in the joint name
of theirs. However, even after the home was transferred in her name,
she did not join him. That there are chats, emails which are proof
enough to show that, she was not responding to him at all. Even her
brother could not do much about it, who acted as a mediator between
them.
f. That the appellate husband again after three years of waiting filed a
second divorce petition wherein the respondent did not even file the
evidence, which was enough to prove that she was least bothered about
the outcome of the litigation. She probably wanted the divorce herself,
which can be understood by the casual way of her approach towards the
g. That in her written statement, she has put wild allegations against him
and the expansion of family would have brought an axe on her career
growth.
Such defamatory allegation in the pleadings amount to mental cruelty
to the spouse. This was re-iterated by the judgement of the Apex Court
states that for causing cruelty the spouses need not stay under one roof.
The facts in the present case are replica and identical to it.
h. That it can be seen from the above incidents and evaluation of the
and her written statement, that the respondent neither wants to join
the matrimonial life with the appellant nor does want to free him from
this wedlock, which has virtually become a deadlock. It seems that her
only motto in life is to make the appellant’s life miserable. This can be
called as an additional cruelty. This point has been missed by the Ld.
Family Court Judge, who could have seen this irretrievable broken
3. INSTANCES OF DESERTION:
ii. That in year ________, the respondent went to USA for her job
without discussing anything with the appellant. That she informed him
at the last moment after her H1 visa was ready and travel date was
fixed. Later the appellant himself went to USA to join her there. He
made every necessary attempt to live together, but she never showed
any inclination towards him, which is evident from the conduct and
stated in her written statement, and that the expansion of family would
iii. That the respondent wife in year _______ had put a condition that,
only when the appellant transfers the Madras home in her name, would
she think of resuming her co-habitation with the appellant husband.
The appellant did the same. However, she did not join. The said email is
iv. That the appellant husband was constantly trying through emails and
WhatsApp chat to re-connect with her but she was not responding to
i. That all the above incidents taken together constitutes cruelty as it can
be clearly seen that the wife does not have any respect for the husband
him in USA. That the same is replied by her in very harsh language. The
airport on their 9th anniversary. But all went in vain. The said mail of
Annexure ‘D’.
ii. The Ld. Judge wrongly mentioned in the judgement, that the husband
has not taken these grounds in the past. The copy of the said divorce
iii. That the written statement filed by the wife to the present divorce
refuse to bear the child is itself one kind of cruelty in a marriage. The
5. Therefore, the order of the Ld. Judge is wrong in law and the same is
GROUNDS
where they hardly lived together for one and a half year.
procreation of the child, which is the basic cause of conflict between the
parties. Thus, a husband cannot be expected to live with a wife who has
C) Because the Ld. Family Court Judge erred in not appreciating the fact
that there is not a single documentary or oral evidence which can show
that the wife was ready to join the matrimonial home, whereas there are
advanced age, where both partners are more than 40 years old.
E) Because the Ld. Judge also gave the judgement without considering the
2006 that, the marriage where there is no co-habitation for more than
broken down.
F) Because the Ld. Judge failed to apply the guidelines laid down by the
I) Because the Ld. Judge has erred to consider that the wife has not asked
for reunion in the written statement filed by her which clearly shows
that she is also not interested in reunion and hence, it can be seen that
together, it is crystal clear that the judgement and decree passed by the
Ld. Judge of the Hon’ble Family Court ________, is bad in the eyes of the
Das Vs. Rita Mukherjee (2017), wherein the Apex Court says that even
8. Therefore, the appellant herein prays to grant him decree of divorce for
9. That this Hon’ble Court be kind to call for the records of the trial Court if
Foot Notes
Limitation
1. The Judgment and Decree was passed on ________...... and applied
Caveat
present appeal.
Jurisdiction
Court and hence, this Court has jurisdiction to entertain, try and decide
Court Fee
4. The Appellant has also paid the fixed Court fee of Rs. 100/- as per
produced.
For this act of kindness, the appellant as in duty bound shall ever pray.
Date:
POINTS TO BE URGED
C) When there is no doubt that the wife is not ready to reunite, is desertion
AUTHORITIES TO BE CITED
1. Naveen Kohli Vs Neelu Kohli, Supreme Court, 2006.
Along with
Along with
2015.
unworkable matrimony)
Vs.
Mrs. ________________ …. Respondent
CHALLENGE IN BRIEF:
That the appellant herein is challenging the impugned judgement and decree
passed by the Ld. Family Court dismissing his divorce petition, as the
relations between the parties are beyond repair and the wife in her evidence
has asserted that, she does not want to co-habit with him.
SYNOPSIS
o.
solemnized at …………….
home.
maintenance.
Court at Mumbai.
POINTS TO BE URGED:
kind of marriages?
between brother and sister from one family is arranged with the sister and
ACTS TO BE REFERRED
AUTHORITIES TO BE CITED
unworkable matrimony)
Court Acts
And
Marriage Act
And
In the matter of Appeal against the
Mr…………………………………. ….Appellant
Versus
TO,
COURT
- Friedrich Nietzsche
Present appeal is between an elderly couple, who never got along in their
20 years of marital life, and for the last seven years, they have done
nothing except engage in a fierce and unfruitful legal battle with no relief
to either of them.
ORDER IN CHALLENGE:
The appellant is bringing the present appeal to this Court u/s. section
28(1) of Hindu Marriage Act, 1955 read with section 19 of Family Court
passed by the Ld. Judge, Family Court, Mumbai, dismissing his divorce
Annexure ‘A’ and ‘B’ is the certified copy of the said judgement and
decree respectively.
BRIEF FACTS:
one set of brother and sister marries to another set of brother and
between two families and may also be to get rid of dowry system.
consequences are before this Court. This system of obligation did not go
well with one of the couples i.e., the present one, which is before this
Court.
residing with the appellant. Mostly, she went to her parent’s house on
some pretext or the other and used to stay there for long periods of
times. She did not attend any family functions with him due to which
Makar Sankranati she went to her parents’ house where she was
However, on the very next day, she called her brother, asking him to
take her back immediately or else, she would commit suicide. This
created such a dreadful situation between the two families that the
respondent’s brother decided to drop the appellant’s sister (i.e. his wife)
to his (appellant) house and took back his own sister i.e. the respondent
herein.
k. After the above incident, the appellant waited for six months, but the
respondent did not return to the matrimonial house, and her brother
also did not take back his sister for cohabitation. The appellant along
with his brother visited to respondent’s native place to sort out this
she did not show any emotions of being a good daughter in law. The
m. That after the above long separation, legal notices were exchanged.
sorted. However, wisdom did not prevail, and this unfortunate event
happened.
petition u/s. 125 of Cr.P.C. The petitioner too filed divorce petition,
which met with a fate of dismissal, and hence the present appeal.
The appellant brings forth his case with the following grounds amongst
others:
GROUNDS
the appellant for the last two decades amounts to mental cruelty.
K) Because the respondent had never shown any care towards the
appellant or his family. She did not even go to see the father-in-law,
M)Because the Ld. Judge failed to appreciate that the marriage between
Supreme Court in the case of Naveen Kohli Vs. Neelu Kohli AIR
2006.
N) Because the Ld. Judge failed to apply the guidelines laid down by the
Apex Court in Samar Ghosh Vs. Jaya Ghosh, 2007 SCC 511,
10.That from the aforesaid reasoning in almost all the grounds taken together
along with the ratios laid down in various citations, it is crystal clear that
the judgement and decree passed by the Ld. Judge of the Hon’ble Family
Sukhendu Das Vs, Rita Mukherjee (2017), wherein the Apex Court
says that even when there is no ground in law, divorce could be granted in
12. Therefore, the appellant herein prays to grant him decree of divorce for
13. That this Hon’ble Court may kindly call for the records of the Trial Court, if
Foot Notes
Limitation
thereafter there is a delay of 132 days in filing the present appeal. The
appeal separately.
Caveat
present appeal.
Jurisdiction
11. The impugned order is passed by the Ld. Judge, Family Court, Mumbai
which comes under the territorial jurisdiction of this Hon’ble Court and
hence, this Court has jurisdiction to entertain try and decide the
present appeal.
Court Fee
12. The appellant has also paid the fixed Court fee of Rs. ____/- as per
13. The appellant has not filed any other appeal or petition or application
14. The appellant states that there is no adequate alternate and equally
15. The appellant craves leave to refer and rely upon the documents
16. The appellant may be allowed to amend, modify, add, or delete any of
For this act of kindness, the appellant as in duty bound shall ever pray.
Date:
Versus
And
Mrs.______________________...CO-DEFENDANT
PLAINT FOR DIVORCE U/S. 32 (d) & (dd)
ACT, 1936
This is what the plaintiff and her innocent children have echoed since, the
day she got this devastating revelation about the defendant’s affair with co-
defendant. Her love for him was lost forever when he betrayed her trust.
That the plaintiff with painful courage has taken this decision to close this
That she does not want her children to grow up with a person, who has no
virtue of a father but only of a man of distrust. The adultery of the defendant
with the co-defendant, who was a neighbour and a common friend to both,
has given the present marriage an un-natural death. Hence, the present
petition.
Mumbai according to the Parsi Zoroastrian rites and customs. That the
Exhibit ‘A’
& ‘B’
2. That there are two issues born from this wedlock, named as Master
3. The plaintiff states that the bond of the plaintiff and defendant began
time, they became very good friends and their relationship took shape
4. The plaintiff states that during their courtship days the defendant
describing extent of their affair, the defendant went so far that he even
gave details about their lovemaking episodes that were not required.
The plaintiff was totally heart- broken after hearing this, however the
defendant gave assurance to her that it was his past and he really wants
to take this relationship with her forward in the form of marriage. She
5. The plaintiff states that after their wedding, they started residing at the
the plaintiff that the defendant did not share an affable relationship,
which every father son duo shares. Hence, there was no peace at home.
The defendant and his father used to get physical and abusive with
each other, which was actually a shocking occurrence for the plaintiff
who came from a home where the family was always bonded in the
thread of love. The plaintiff was tormented as she was not used to such
6. The plaintiff states that at one point of time, the scuffle between the
defendant and his father was so aggravated, that it took an ugly form in
the middle of the night. That around 2 am the plaintiff had to rush the
badly hurt in their brawl. After the abovementioned incident, they (the
house for peace and amity in their lives. They rented a flat in the
7. The plaintiff states that everything was going well till she conceived for
the first time. That while she was pregnant for four months, the
defendant got friendly with one of their neighbourhood friends. The
plaintiff does not wish to disclose the neighbour’s name as she does not
wish to ruin her family life which currently consists of her husband and
first child. After the birth of the child the plaintiff was expecting
affection and love from the defendant towards her and their new-born
used to buy household items for her during his trips abroad but would
conveniently forget and ignore things plaintiff requested for her and
their child. In fact, the defendant was so obsessed with her that he
would daily wait by window to watch her leave for work and come
back. That the plaintiff also found her photographs saved in the
defendant’s cell phone and when she confronted him about the same,
she began to realize that she was being fooled by the defendant. The
plaintiff shared this with her mother and elder sister, who consoled
and guided her to hold on to her marriage for her child and should
hope that things would get better and this is just a passing phase.
toward her and their son only worsened over the time. The final straw
husband passed a filthy comment saying, "you take my wife for tonight
and I will take your kid”. The defendant’s reaction to this was a gale of
laughter. Not even once he considered how insulting this was for his
own wife, who had to deal with his infidelity in their colony. That this
incident proved that their marriage was the talk of the town. After this
except to walk out with their kid to her parent’s home. The defendant
came to his senses after few days and visited the plaintiff at her
parent’s house where, he apologised and pleaded her to come back and
10.That the plaintiff accepted his apology for their child’s sake and
returned with him, but their family life never improved as the
Often, he would take out his anger on their infant son and beat him up.
constantly scream and shout. The most natural thing, like baby’s crying
would set him off. The defendant never showed any affection towards
their first son. As a result, the father and son never bonded as the son
grew up.
11. That the plaintiff had always tried to be dutiful wife and dutiful
daughter in law. That she was the one who took care of her mother-in-
law when she was suffering from cancer and was with her throughout
her hospitalization. That her father-in-law due to divorce with his wife,
12. That after his affair came to an end, the things between them were still
fine even if they were not rosy. They had their second son in the year
However, the few years of peace was the calm before the storm of his
infidelity erupted. Yet again, he proved that old habits die hard. Once
again, the defendant’s behaviour towards the plaintiff and their kids
would get agitated and start shouting but refused to reveal the name.
He added security password lock on his phone and used to keep the
phone under his pillow while sleeping. He even used to carry the cell-
phone to the toilet or bathroom and had started treasuring it like his
life. He used to constantly text while eating food as well at the dining
table in front of the children and this was really irritating the plaintiff.
13. That in the month of ___________, he started going down for night
walks post dinner by giving an excuse of his acidity and come back
acidity problem but he refused and said that walks help him whereas
the true story was something else. He used to purposely bump into the
called the plaintiff and asked to go for an outing with kids. The plaintiff
agreed being neighbours. The most surprising part was that the
defendant said that he too would love to join and come along with
being around the co-defendant more than the plaintiff and their
defendant and called the plaintiff only to join later as a second thought,
which was very embarrassing for her. That day by day, the intimacy
closeness to the co-defendant, he told the plaintiff that he did not have
feelings for her anymore and there is someone else in his life. That his
keeping any kind of physical relation with her since he had become
disgusted and deeply shocked. That his call logs always used to show
that the entire colony residents’ watchmen, sweepers, maids etc. have seen
him with the co-defendant in common areas of the building. That he also
used to take her car for servicing. That he was so shameless that he dared
to the extent of telling their cooking maid at home that once he manages to
get the plaintiff out of his life and his new lady (co-defendant) comes to
That the matter came to the point, where he threatened her about custody
of their children and to bring a Court order to throw her out of the house.
He went to the extent of threatening her by saying that he would sell off
the house and she would not even know. The plaintiff finally asked him to
call his father as she felt that he would explain and bestow some wisdom
on him. However, this also did not help, and the situation went out of her
hands. Hence, the plaintiff has lost all hope of reconciliation in this matter
and knows well that the defendant has gone too far with his adulterous
anymore.
14. That one day the defendant’s phone was continuously ringing and when
the plaintiff saw his phone, she saw various messages from co-defendant
tab on his phone, and she was able to get few pictures and chats, which are
very indecent. The photographs clearly establish that, he was having deep
physical relationship with her since long. That the plaintiff is producing
only few of these pictures, screenshots of chats, which are marked and
annexed herewith as Exhibit ‘C’ collectively. That she would produce more
of these, if required, at the time of hearing and evidence to prove the illicit
15. That the defendant’s behaviour further worsened towards the plaintiff and
their sons to the extent that she and their elder son were thrown out of
house on ………… in middle of night. Thus, she had to ask for police
interference to enter their own home. That on that critical night, he truly
scared the plaintiff and the children. That after dinner, the defendant
asked elder son to brush his teeth. The child innocently said that he would
do it after his younger brother’s turn. On hearing this answer from the
child, the defendant got furious and started screaming at the child. The
next weird thing the defendant did was throwing his son’s toys in the
dustbin. He further told the kid “If you act smart, I will remove you from
the school and give you a broom. You have to clean house as punishment
patience, proceeded to beat the elder child. The plaintiff could not take this
anymore and she started arguing him for a reason why he was being so
cruel to the child. The defendant, in a fit of anger, physically dragged the
child by his arms out of the home. The plaintiff went outside to bring the
child back inside, to which the defendant yelled at her “ You also get out”,
twisted her arm and banged her on the grill door. Fortunately, the plaintiff
was able to cushion her fall with her hand, and she saved herself from head
injury. He then physically pushed her out too. The son was not even
wearing slippers and in that condition, they went to the police station. The
plaintiff got hurt on both of her hands and the son in his armpits and
upper arm. The younger son (3 years old) was in the house, petrified and
crying but the defendant didn’t let the plaintiff and the elder son get inside
the house.
16. That the plaintiff, without any option left to enter their home, was forced
to seek police interference as she and their elder son were in night wear
and younger son aged ______ years was inside the home. The police co-
operated with the plaintiff, and seeing the injuries sent them to hospital
for checkup. The doctor on call sent the son and the plaintiff for X-rays to
rule out a fracture. This incident of physical assault and throwing them out
is an evident threat to the lives of the plaintiff and the kids. The
collectively along with the N.C. complaint recorded in the midnight clearly
midnight.
17. That after the police episode, instead of feeling guilty, the defendant has
taken offence to the incident being reported to the police. That he keeps
reminding the elder son of police station incident. This is the height of
defendant fought with the plaintiff and took the younger kid to the co-
defendant son’s birthday party instead of her parent’s celebration. This led
to more bitterness between them. So, the plaintiff’s sister and brother-in-
law met the defendant to discuss and sort out things between them.
Instead of sorting things, the defendant said that he is looking for a new
house and that he wants to divorce her. This was shocking to them but
19. That during all these hard times on economic front too, he was making the
plaintiff life difficult. That except children’s education, he was not co-
buying household groceries himself so that he does not have to give any
money in the plaintiff’s hand. He kept no money in her hands even for
emergency knowing well that the plaintiff has to take care of two children,
20. That his vindictive conduct, his infidelity since the inception, his
inhuman and insensitive acts, all pooled together have created a situation
by the plaintiff, on herself and her children. That she has decided not to
take anymore harassment from him. She is also very clear in her mind
that she cannot be expected to raise her two children with this kind of
father, who has no moral values in his life in his forties too. That she has
bedroom. She ignored it thinking the same was within four walls of the
home. However, now she knows the reasons for his sexual perversion
which is abnormal and unacceptable for a normal wife and mother of the
two grown up children. Hence, this painful decision of contesting for
divorce was taken by her for a marriage which is otherwise has taken a
to her, he has backed out. However, his infidelity is still going on with the
well after the two family-meetings that the plaintiff has proofs of his
approximately 1.5 lakhs per month excluding other perks and incentives.
Further, there are investments by him in the form of shares, mutual funds,
LICs and there is regular income from dividends, interest from the
investments and fixed deposits in banks. That he owns a car and also, he
and receives good pension for his living. Hence, there is no dependent on
him.
22. Hence, she is requesting this Hon’ble Court that the defendant be
minor sons as permanent alimony, keeping in mind her need for residence
the wife is the legal duty of the husband as very recently re-iterated by the
case. That the co-defendant herein is the main cause for wrecking this
marriage of the plaintiff and hence, she needs to compensate the plaintiff
for her ill acts and the plaintiff therefore prays that, this Hon’ble Court
her earning is very handsome. The Bombay High Court way back in the
year 1927 in the case of Premchand Hira Vs. Bai Galal, awarded
ground of adultery.
24. There is no collusion of whatever nature between the plaintiff and the
25.The plaintiff has neither condoned the act or omission of the defendant
and co-defendant as set out in the present suit nor she has connived at or
26. That there is no other proceeding pending between the parties in any
Court.
27.That the marriage of the parties took place at Mumbai and they are
29. That the plaintiff states that there is no unnecessary or improper delay
in instituting the present suit as the acts of the defendant and co-
defendant were continuing till the filing of the present petition. The
plaintiff humbly prays for a decree of divorce u/s. 32 (d) & (dd) of the Parsi
30. That the plaintiff being a lady, is exempted from the payment of the
Court fees. That in case of any damages granted to her by the Hon’ble
PRAYERS
The plaintiff therefore humbly prays to this Hon’ble Court to be pleased to:
decree of divorce u/s. 32 (d) &(dd) of the Parsi Marriage and Divorce
Act, 1936;
evaluating the status, high profile job of the defendant and his assets as
mentioned in the plaint and considering her need for onetime alimony
Rs.______________.
e. For such other reliefs as the nature and circumstances of the case may
require.
VERIFICATION
is based on legal submission and I believe the same to be true and correct.
Before me,
Advocate for the Plaintiff
DISTRICT : MUMBAI
Vs.
State of Maharashtra …Respondent/ Complainant
CHALLENGE IN BRIEF:
SYNOPSIS
Nos.
appellant.
applicant.
was rejected.
POINT TO BE URGED:
2. Whether the continuous sexual relations for such a long period can be
called consensual?
AUTHORITIES TO BE CITED:
ACTS TO BE REFERRED:
1. The Constitution of India
(ANITA BAFNA )
DISTRICT :
Mumbai
Mr. _____________
Residing at _________
________________
__________________ … Applicant/ Original Accused
Vs.
State of Maharashtra
TO,
“If a Man and Woman are in a room and man makes a request
And woman complies, do we need to say anything more.”
1. That the applicant is invoking the jurisdiction of this Court u/s. 438 of
The Copy of the FIR and impugned order of rejecting the anticipatory
year 2010. That they have taken many foreign pleasure trips together.
As per her own version in the FIR, she was aware about his marital
status. She has alleged that she has aborted her pregnancy in the year
2012 with the help of pills provided by him. That in the year 2019,
__________ Court, where she has appeared and filed her reply.
b)That the love and sexual relationship between the applicant and the
beginning.
c) In catena of judgements, this Court has held that consensual sex is
(A) The Hon’ble Supreme Court very recently held in the case of XYZ
Vs. Varun Hiremath, 2021 that, when a man and woman are in
considered as Rape.
complainant] can say no. You are educated and a major; you have
the right to say no… I grant bail in such matters because it is not
rape.”
The relevant part of para No.6 is extracted for kind perusal of the
Hon’ble Court:
“Perused all the document presented here. After going through the
FIR, it is apparent that the petitioner and the victim were in love
with each other nearly for four years and thereafter, they decided to
years old and was nearly 25 to 26 years old when the first incident
also aware that there may be differences between two persons and
they may find each other not compatible. The girl was highly
said to have been obtained by fraud. I also rely on the order dated
wherein a similar issue with identical facts was dealt with and it was
(D) The Bombay High Court very recently granted anticipatory bail in
HC, 2021, where the facts were identical. Here both complainant
beginning.
was observed that when the relations were consensual since the
year 2016 and subsequently the marriage did not happen, the
6. That in view of the above submissions and the authorities cited, the
7. That the applicant has not preferred any other bail/anticipatory bail
Mumbai which comes under the jurisdiction of this Hon’ble Court and
been stated in the foregoing paras with the prior permission of this
Hon’ble Court.
PRAYERS
Therefore, the applicant prays that the Hon’ble Court may graciously be
pleased to :
For the above acts of KINDNESS the applicant shall HUMBLY ever pray
as in duty bound.
VERIFICATION
true and correct to the best of my knowledge and belief and I believe the
same to be true.