June 25, 2010 5:13:30 pm
The Delhi High Court has asked a man to purchase a house for his wife to live separately from her in-laws or be ready to go behind bars for not fulfilling a condition arrived at during mediation in the trial court.
Justice S N Dhingra asked the woman,who had filed a criminal complaint related to dowry harassment against her husband and in-laws,to find out a house,available at Rs 18 lakh,which would be bought by her husband.
The court,meanwhile,granted protection to the man by restraining the police from arresting him for 30 days a period during which he would buy the house and start living with the woman.
“The applicant be not arrested for 30 days. In the meantime,the Investigating Officer/SHO shall approach the complainant (wife) who shall within one week locate the house which is available within Rs 18 lakh and the applicant shall purchase that house in the name of the complainant in terms of the compromise.
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“In case,the house is not purchased within 30 days,this order (protection) shall exhaust itself and the Investigating Officer shall be at liberty to arrest the applicant,” the court said.
The court passed the direction while hearing an anticipatory bail application of a man as the similar protection granted to him earlier had been cancelled by a
trial court due to his failure to comply with the condition imposed during the mediation process.
According to the written compromise arrived at on the basis of a mutual consent,a house worth Rs 18 lakh in the name of the wife was to be purchased within two months and both the parties were to live together in that house.
The court noted that the husband had failed to comply with the compromise conditions decided on February 18,2010 to end the matrimonial battle also involving divorce and maintenance cases.
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