Introduction
The Bombay High Court in the case of Sukrutkumar Babasaheb Bhandare vs. State of Maharashtra &Anr.1granted permission to a Non-resident Indian employed in the United States of America, to travel abroad in order to resume his job despite being accused in a matrimonial case. The Court's ruling in Criminal Writ Petition No. 2980 of 2025 respects both the livelihood of the accused aswellas the due process, highlighting the sensitivity of the judiciary's approach towards criminal proceedings in matrimonial cases.
Background of the Case
Sukrut kumar Babasaheb Bhandare, the Petitioner, was booked undervariousoffences punishable under Sections 498A (deals with cruelty2 by husband or relatives of the husband of a woman), 406 (deals with punishment for criminal breach of trust), 323 (dealswithpunishmentforvoluntarilycausinghurt), 504 (dealswith intentional insult with intent to provoke breach of the peace) read with Section 34 (deals with acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC)by the complaint filed by his wife, the Respondent No. 2. The criminal case arose from FIR No. 1256 of 2022 and the matter was also subject to mediation proceedings as directed by Bombay High Court.
While the husband was granted pre-arrest bail earlier in Criminal Bail Application No. 719 of 2024, he filed an application for seeking permission to return to the United States of America, he is employed with Stanley Black and Decker INC New BritainCt (US). His plea was rejected by the Sessions Court, Pandharpur,on the grounds that if the accused left India, then the process of investigation as well as mediation proceedings would have been hampered.Therefore, the Petitioner filed a WritPetition under Article227oftheConstitutionofIndiareadwithSection528oftheBharatiya Nagarik Suraksha Sanhita, 2023.
Contentions & Court's Observation
The learned counsel for the husbandargued that the husband had beeninIndiasince 20th April, 2024 due to the dispute and had fully cooperated with the authorities. As the accused is an NRI employed in the United States of America, his further stay in India could result in him losing his job whichwould drastically affect his livelihood. Whilst,thelearnedadvocateforthewifesubmitted that the husband had allegedly with held all the Original Certificates of the wife and refused to hand over the same to the wife.
At the joint request of the husband and wife, the matter was kept back for some timeto explore a workable arrangement. Eventually, both parties agreed to certain conditions that would allow the husband to travel to the USA while ensuring the smooth progress of the legal proceedings.
The conditions included the petitioner handing over all documents and certificates belonging to the wife, providing electronic data stored on his laptop,andundertaking to participate and cooperate in the trial without causing any obstruction or delay. Additionally, the husband agreed to appear before the trial court whenever required and to provide his residential address, contact number, and email address in the USA.
The Court's Ruling
Justice Ashwin D. Bhobe of the High Court of Judicature at Bombay appreciated the cooperative approach of both parties and their counsels. The court set aside the previous order dated 14th May 2025 and allowed the petitioner's application totravel to the USA, subject to the agreed conditions. The court emphasized that both parties must abide by their statements and undertakings recorded in the document markedas "X".
Conclusion
This case highlights the importance of flexibilityandcooperationinthelegalprocess. It demonstrates that even in complex and contentious matters, a balanced approachcan lead to a fair and just resolution. The High Court's decision not only protects the rights of the petitioner but also ensures the integrity and progress of the legal proceedings. It serves as a reminder that justice can be served while accommodating the personal and professional needs of individuals involved in legal disputes.
Footnotes
1. 2025 SCC OnLine Bom 2147
2. The term "cruelty" means anywilfulconductthatmaycausegraveinjuryordangerto life, limb or health
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