A strange case (Judgment of High Court in Bail Application- Section 498A etc.) has come to my notice. It has shocked my concience and hence i am forced to expressed my views.
In this case the husband was granted interim bail for 30 days, and the court said that if he should stay with wife. If he doesnt stay with her, his has been asked to surrender after 30 days. Earlier his anticipatory bail application was rejected on the simple ground that he is not willing to stay with wife.
The court was very clear in saying that he should stay with wife, even when he has to leave his parents. And on these observation, the merits of his bail application was not even discussed, even though he is in custody for last 75 days.
I think that the judgment is not only perverse, it is outright subversion of law. Through powers of judicial descretion, the crminal court is trying to force a man to live with his wife (divorce petition is pending). What is court is saying that if he stays with wife, he is entitled to bail; otherwise not. The bail application is decided, not on the basis of criminal jurisprudence but on extraneous grounds. Further a man's right to stay separately from his wife is abrogated, without hearing him as to why he does not want to stay with his wife. The criminal court is restituting the conjugal right of wife, without her application and without hearing the husband on reasonable grounds to stay away. The judgment makes man a slave in marriage. And if he does not accept slavery, he is put in jail in the garb of criminal law.
Men must refuse to marry.
Marriage is a slavery for men. The Hon'ble HC judgment confirms that.