Supreme Court refuses to entertain plea challenging order to pay maintenance as condition for anticipatory bail

The Supreme Court on Friday refused to entertain an appeal against a Patna High Court decision requiring the appellant to pay maintenance to his wife as a condition for securing anticipatory bail.

The Bench of Justices NV Ramana, Surya Kant and Aniruddha Bose found no reason to interfere with the decision of the High Court and dismissed the special leave petition filed by the appellant. The plea also submitted that the arguing counsel before the High Court made an erroneous oral submission about the willingness of the petitioner to pay maintenance, and that he had no instructions to submit the same. Since the appellant was not present before the Court, the submission in favour of paying maintenance could not be verified from him, the appellant claimed.

Moreover, no application for maintenance had been filed by the petitioner’s wife since 2018, the petition underlines. In light of this, it was argued that a submission seeking maintenance should not be allowed to be made by the wife during proceedings for anticipatory bail.

The Supreme Court, however, found no reason to interfere with the High Court’s order.

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