BHUPINDER SINGH CHIMNEY Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) ONE of the old proverb is "Marriages are made in Heaven". As the 20th Century is drawing to a near close the saying of Southern in "The fatal marriage" is coming true that "if marriages are made in heaven they should be happier" facts of the present case are a pointer. The complainant was married to the son of the applicant-petitioners. It is alleged that before the marriage and at the time of the marriage very costly articles of dowry had been given in the form of jewellery, cash worth lacs and other articles. Certain, gifts were also given by the applicants to the complainant. From the second day of marriage, the complainant daughter-in-law of the petitioners was harassed for bringing insufficient dowry by the petitioners and others. After few days of their stay in India, the complainant and her husband left for Canada. The complainant requested her father-in-law and sister-in-law to hand over the jewellery to her but they refused stating that those articles would be of no use for her at Canada. The complaint filed by the complainant recites woeful tale of harassment by her husband at Canada. The petition for divorce was filed and the same had been granted at Canada. It is alleged that even when the complainant came back to India, the said dowry articles have not been returned.

(2.) THE petitioners seek anticipatory bail.

(3.) WHILE it is improper to express any opinion on merits. It has to be taken care of by the concerned Courts with whom the litigation may finally come up for hearing, but certain salient facts that were brought to the notice of the Court cannot be ignored. The complainant and her husband started living separately since 1993. It was not disputed that complainant came to India and operated her lockers in the beginning of the year 1994, that is to say even when she had been residing separately from her husband. The complaint as such was filed months thereafter when she had already operated the lockers and was living separately from her husband.