The Supreme Court of India has ruled that courts cannot require the payment of alimony as a condition for granting bail in matrimonial disputes. This landmark judgment highlights that bail conditions should solely focus on ensuring a fair trial and the availability of the accused for judicial proceedings.
A bench comprising Justices Hrishikesh Roy and SVN Bhatti emphasized, “Imposing alimony as a condition for bail is not permissible. Bail conditions must align with the objective of a fair trial and ensuring the accused’s presence during investigations and trial.”
The judgment clarified that conditions unrelated to the purpose of bail, such as payment of alimony, fall outside the scope of Section 438 of the Code of Criminal Procedure (CrPC), which governs pre-arrest bail. This provision has since been replaced by Section 482 under the Bharatiya Nyay Suraksha Sanhita (BNSS), effective from July 1, 2024.
The case stemmed from a Patna trial court order, later upheld by the High Court in July 2023, which required a man to pay ₹4,000 to his wife to secure bail in a case filed under Section 498A of the Indian Penal Code (IPC). The petitioner, however, contended that he was abducted and coerced into marriage in May 2022, a claim supported by an annulment petition pending in the Purnia district court.
Advocate Fauzia Shakil, representing the petitioner, argued that the bail condition was unfair and cited the Supreme Court’s 2009 Munish Bhasin judgment, which prohibits courts from imposing irrelevant bail conditions. The Bihar government, represented by advocate Anshul Narayan, countered that the petitioner himself had proposed the maintenance arrangement.
The Supreme Court ruled that the trial court’s order to include alimony as a bail condition was legally invalid and beyond its jurisdiction. It clarified that while granting bail, conditions must ensure the accused does not evade justice and remains available for trial. The ₹4,000 maintenance condition was deemed unnecessary and was set aside.
The court concluded, “Courts may impose conditions as per law, but these must not exceed the scope of bail provisions under Section 438 of the CrPC.”
Meta Description
Discover how the Supreme Court of India ruled that alimony cannot be a condition for bail in marital disputes, ensuring fairness in legal 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==
