#marital dispute

The Bombay High Court granted anticipatory bail to a wife accused of pushing her husband from a balcony, holding that a delayed FIR combined with corroborating testimony from police and neighbors that the husband jumped while intoxicated creates a credible risk of false implication. This ruling reinforces that marital discord alone, when paired with procedural irregularities, cannot justify pre-arrest detention under the Bharatiya Nyaya Sanhita.

Allahabad High Court grants anticipatory bail to an applicant accused of forging a birth certificate to falsely invoke POCSO Act provisions, emphasizing the misuse of stringent laws in marital disputes. The ruling underscores that criminal proceedings cannot be weaponized for personal vendettas, particularly when the victim’s majority is undisputed and no sexual offence is alleged.

The Madhya Pradesh High Court granted anticipatory bail to a husband and in-laws, holding that the wife’s 18-day voluntary absence and subsequent filing of a divorce petition by the husband significantly weakened the dowry harassment allegations. The court ruled that no prima facie case was made out under Sections 85 BNS and 3/4 Dowry Prohibition Act, emphasizing the need for credible evidence before denying bail in marital disputes.

Bombay High Court ruled that habeas corpus can be invoked to verify the safety of an elderly person, even amid marital disputes, prioritizing personal liberty under Article 21. The court directed police to investigate allegations of illegal confinement and forced medication, setting a precedent for elder rights protection beyond familial conflicts.

Telangana High Court rules that criminal proceedings under dowry laws cannot sustain against relatives solely based on marital disputes or familial ties without specific allegations of direct involvement. The court emphasized that such prosecutions amount to abuse of process under BNSS, granting interim stay on proceedings against the accused parents.