M.M. Singh Bedi, J. - (1.) THE petitioner seeks the concession of pre -arrest bail in a case registered at the instance of his wife Hema Sharma alleging that the marriage of the complainant was solemnized with the petitioner on 15.4.2007. There are serious allegation of physical and mental cruelty against the petitioner. As per the allegations in the FIR, the complainant was harassed for bringing less dowry and for having given birth to a girl child. It is apparent from the FIR that she has filed a petition u/s. 125 Cr.P.C. for maintenance besides availing remedy u/s. 12 of the Prevention of Women from Domestic Violence Act.
(2.) THE complainant seems to have also filed a complaint against the petitioner and his family members in the National Commission for Women, New Delhi, alleging demand of dowry and harassment. The petitioner is a registered Medical Surgeon, triple post graduate in Opthalmology with super specialization in Vitreo Retinal. It is alleged that the petitioner is alcoholic and abusive. All her jewellery articles are with the in -laws at Saket, New Delhi. The family members of the petitioner have supported him for his violent behaviour towards the complainant and the minor daughter. The complainant had stayed with the petitioner at Jalandhar but he had always maltreated and humiliated her. Counsel for the petitioner has vehemently contended that the petitioner and the complainant had left for aboard for two days after the marriage and left the jewellery in a locker. On coming to India on December 21, 2008, they had opened the locker on January 2, 2009. The petitioner had left India on January 5, 2009. The complainant wife had taken out all the jewellery articles before going to UK. Strong reliance has been placed on ex -parte order of divorce granting preliminary/final decree of divorce.
(3.) MR . P.S. Hundal, Sr. Advocate has vehemently urged that UK Court has held that the behaviour of the complainant was such that it was not possible to stay with her. Besides this, he has argued that the petitioner has been discharging all the liabilities towards the child i.e. bearing expenses of half of amount. He has even offered to pay a cheque for the recent expenses pertaining to the child for daily needs.;