New Delhi: The Delhi High Court has asked a
man to purchase a house for his wife to live separately from
her in-laws or be ready to go behind bars for not fulfilling
a condition arrived at during mediation in the trial court.
Justice S N Dhingra asked the woman, who had filed a
criminal complaint related to dowry harassment against her
husband and in-laws, to find out a house, available at Rs 18
lakh, which would be bought by her husband.
The court, meanwhile, granted protection to the man by
restraining the police from arresting him for 30 days -- a
period during which he would buy the house and start living
with the woman.
"The applicant be not arrested for 30 days. In the
meantime, the Investigating Officer/SHO shall approach the
complainant (wife) who shall within one week locate the house
which is available within Rs 18 lakh and the applicant shall
purchase that house in the name of the complainant in terms of
"In case, the house is not purchased within 30 days, this
order (protection) shall exhaust itself and the Investigating
Officer shall be at liberty to arrest the applicant," the
The court passed the direction while hearing an
anticipatory bail application of a man as the similar
protection granted to him earlier had been cancelled by a
trial court due to his failure to comply with the condition
imposed during the mediation process.
According to the written compromise arrived at on the
basis of a mutual consent, a house worth Rs 18 lakh in the
name of the wife was to be purchased within two months and
both the parties were to live together in that house.
The court noted that the husband had failed to comply
with the compromise conditions decided on February 18, 2010 to
end the matrimonial battle also involving divorce and