The recent decision by the Supreme Court to set aside an anticipatory bail condition imposed by the Jharkhand High Court in the case of Rohit Jaiswal vs State of Jharkhand and anr has been noted.
The High Court had required the appellant, who had been booked for cruelty under Section 498A of the Indian Penal Code (IPC), to pay ₹9 lakh to his estranged wife as ad-interim compensation. However, a bench of Justices Sanjiv Khanna and SVN Bhatti found that the High Court was not justified in imposing such a condition on the appellant.
The bench stated that the condition was hereby deleted, but clarified that it had not interfered with the grant of anticipatory bail and other conditions as imposed. The Supreme Court made these observations and issued its order on September 27 while disposing of appeals filed by the husband against a Jharkhand High Court order from April last year.
The Supreme Court also noted that the husband had agreed to enhance the monthly maintenance payable to the wife from ₹4,000 to ₹10,000 per month after a suggestion was made in this regard by the Court.
The maintenance amount is being increased to ₹10,000 per month in light of the statement made by the learned counsel representing the appellant. The appellant, Rohit Jaiswal, will continue to make payments as stated. If there is a failure to do so, respondent no.2/informant will have the right to take legal action for enforcement before the trial court, as directed by the Court.
The Court clarified that the maintenance amount determined based on the appellant's statement can be modified, increased, or decreased by the trial court or the appellate court.
The appellant was represented by advocates Shreeyash U Lalit, Mahesh Kumar, Nikhilesh Kumar, Aman Preet Singh Rahi, Devika Khanna, and VD Khanna from VMZ Chambers.
Advocates Madhusmita Bora, Pawan Kishore Singh, Dipankar Singh, Anupama Sharma, Amar Jyoti Sharma, and Vedika Dalmia represented the Jharkhand government.
Advocates MM Singh, Naveen Thakur, and Rameshwar Prasad Goyal appeared on behalf of the informant-wife.
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TAGS: Supreme Court of India Jharkhand High Court Compensation Maintenance Section 498A IPC The Bench Supreme Court
