UNDERSTANDING PROTECTION FROM ARREST BASED ON AFFIDAVIT: LEGAL INSIGHTS AND SAFEGUARD
In a recent case where the Husband has challenged the High Court order before the Supreme Court and prayed for protection from arrest in a matrimonial case lodged by the wife, the Supreme Court has directed him to file an affidavit about the efforts made by him for the reunion. The husband filed an affidavit mentioning therein that “while the present petition was pending before this Hon’ble Court, a good sense has prevailed to the wife as on 29.11.2020 she informed him on the phone that she has been infected with the covid-19 virus and is seriously ill and admitted in ICU at S.N medical College at Agra. Immediately he rushed to Agra where he found that not only the wife but her Mother were also infected with covid-19 and they were seriously ill. The condition of the wife was very serious as she was not able to speak. Observing the serious conditions of respondent no.4 and her mother, both of them got shifted to Prabha Hospital at Agra which is specially designated for the treatment of the covid-19 patient at Agra and both of them were admitted to ICU on 30.11.2020. They got discharged from the Hospital on 09.12.2020 and during this entire period he remained in the hospital and looked after them and also paid full bills of their treatment. That again she developed a serious bacterial/fungal infection in her lungs and she was again admitted to the hospital from 12.12.2020 to 18.12.2020. He again went there and remained in the hospital to look after her as such both the times of their hospitalizations, he was remained with them and incurred more than 600000/- lacs (Six Lacs) on the treatment of the wife. All the bills and proof of payments made by him are available with which can be submitted as per direction of this Hon’ble Court in case she denies the averments made. That since then, both of them were in constant touch with each other and celebrating every festival and birthday together as such both of them are in continuous engagement with each other so that mutual trust and confidence are revived. That under the mutual consent and particularly as per the wish of the wife, admission of the daughter namely Diti was done in DPS (Delhi Public School) Kanpur and it was decided by both of them that they will live together at Kanpur where he is presently employed. It is submitted that admission fee of Rs. 30000/- (Thirty Thousand) has been deposited by him.”
Based on the said submissions made in the affidavit, the Court has stayed the proceeding of the case and also quashed the proceeding initiated under section 82 Cr. P.C.
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