A sessions court in Dindoshi on Tuesday denied anticipatory bail to a 27-year-old man for harassing his wife physically and mentally over the years for not giving him a child and frequently called her “barren”.
The court said that the husband’s ill treatment of her is possible, if the fact that the couple have no issue from wedlock is looked into and that there is place to gather that particularly her husband beat her with family members.
The woman, who was married to him in 2015, had also alleged that the husband had developed an extramarital affair and married another woman, who is now pregnant. Advocate for the husband had argued that Muslim personal law does not restrict second marriage. The court said in this regard that though it is so, that itself does not show that it is not cruelty to the first wife. The fact has to be considered by reading the mind of the affected wife, it added.
Additional Sessions Judge DD Khoche granted anticipatory bail to her brother-in-law against whom she had alleged an incident of rape and unnatural sexual assault in 2018. The court said that while accusations against him are serious and it was natural for her to lodge the rape complaint after delay as she wanted to save her marriage, his custodial interrogation will serve no purpose as injury marks, etc will not be found.
The woman had accused her father-in-law and mother-in-law too for harassing and assaulting her for not getting pregnant. The court granted them pre-arrest bail too.
As per her complaint, her husband would beat her severely and one occasion had held her head and banged her against a wall, due to which she suffered giddiness and vomiting. He would also harass her by insisting to let him get married to the other woman.