Supreme Court: Alimony Cannot Be a Condition for Bail in Matrimonial Disputes
The Supreme Court of India has clarified that courts cannot impose alimony or maintenance payments as a condition for granting bail in cases arising out of matrimonial disputes. The Court stressed that bail conditions should only ensure the presence of the accused during trial and safeguard a fair investigation.
A bench of Justices Hrishikesh Roy and SVN Bhatti set aside a Patna trial court order, later upheld by the High Court, which had directed a man accused under Section 498A IPC to pay ₹4,000 to his wife in order to secure bail.
The bench ruled:
“There cannot be a condition to pay alimony while granting bail. Bail terms must be relevant to ensuring a fair trial and the accused’s availability for investigation. Imposing conditions irrelevant to this purpose is not permissible.”
The case stemmed from allegations that the petitioner was abducted and forced into marriage in May 2022. He challenged the bail condition as illegal, citing the Supreme Court’s 2009 Munish Bhasin ruling, which held that courts cannot impose “irrelevant” conditions when granting bail.
The Supreme Court agreed, observing that the annulment petition was still pending in Purnia district court. The Bihar government argued that the petitioner himself had offered maintenance, but the Court rejected this, holding that alimony as a bail condition was beyond the scope of law.
The Court clarified that trial courts may impose conditions under Section 438 CrPC (now Section 482 BNSS) to ensure justice, but not unrelated stipulations like maintenance payments.
Accordingly, the bail condition was struck down, reaffirming that maintenance must be decided separately under family law, not as part of bail proceedings.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
