That the applicant apprehends arrest in FIR No.___ registered under Sections ___ IPC at Police Station ___.
DO NOT say “arrested”
2️. Grounds (Different from Regular Bail)
Key grounds
False implication
Civil / matrimonial dispute given criminal colour
No recovery pending
Applicant willing to join investigation
Custodial interrogation not required
Sample:
That the applicant undertakes to join investigation as and when required and shall not misuse liberty.
3️. Special Anticipatory Bail Grounds
Mention:
No previous criminal history
FIR motivated / delayed
Allegations are omnibus
4️. Prayer
In view of the facts stated above, it is prayed that in the event of arrest, the applicant may kindly be released on anticipatory bail.
D. CONDITIONS (VERY IMPORTANT)
Court may impose:
Join investigation
No threat to witnesses
No travel abroad
Mobile number sharing
V. DIFFERENCE IN DRAFTING STYLE (VERY IMPORTANT)
Point
Regular Bail
Anticipatory Bail
Custody mentioned
YES
NO
“Apprehends arrest”
NO
YES
FIR stage
Arrest done
Arrest likely
Focus
Liberty + custody
False implication
VI. BNSS-SPECIFIC DRAFTING TIPS
Under BNSS:
Courts emphasize cooperation with investigation
Mention compliance with Section 35 BNSS (notice of appearance)
Stress no need for arrest
Sample Line (BNSS):
That the applicant is entitled to the protection of Section 482 BNSS as arrest is not necessary for the purpose of investigation.
VII. COMMON DRAFTING MISTAKES ❌
❌ Filing 438 when already arrested ❌ Mentioning custody in anticipatory bail ❌ Copy-paste grounds without facts ❌ Overloading with 10–15 case laws
VIII. ONE-LINE COURT READY DIFFERENCE
Regular bail is sought after arrest under Sections 437/439 CrPC (480/483 BNSS), whereas anticipatory bail is a pre-arrest protection sought under Section 438 CrPC (482 BNSS) based on apprehension of arrest.
✔️ Immediately after filing DV complaint ✔️ Even at interim stage (before final judgment) ✔️ Continues until legally barred
🚫 DOES NOT REQUIRE:
Divorce decree
Final judgment
Proof beyond reasonable doubt
Case Law:
S.R. Batra v. Taruna Batra (2007) – earlier narrow view
Satish Chander Ahuja v. Sneha Ahuja (2020) – settled law
Wife can claim residence even in property not owned by husband.
Important: Even after divorce, if DV proceedings are pending, residence right can continue.
2️. MAINTENANCE (MONTHLY SUPPORT)
A) Section 125 CrPC
WHEN APPLICABLE?
✔️ Interim maintenance – during pendency ✔️ Final maintenance – after final order ✔️ Arrears – recoverable
Case Law:
Bhuwan Mohan Singh v. Meena (2015)
Delay defeats purpose of maintenance.
B) Hindu Marriage Act (Sections 24 & 25)
Section
Stage
24
During pendency
25
After decree (divorce/judicial separation)
Section 25 survives even after divorce.
3️. RETURN OF STRIDHAN
Sections:
Section 406 IPC / BNS 316
Section 14 Hindu Succession Act
DV Act – Section 19(8), 20
WHEN APPLICABLE?
✔️ Immediately on demand ✔️ Before judgment ✔️ Even after divorce
Case Law:
Pratibha Rani v. Suraj Kumar
Stridhan is wife’s absolute property; husband is trustee.
No need to wait for final judgment. Non-return = continuing offence.
4️. PROTECTION ORDER (NO VIOLENCE / CONTACT) Section 18 – DV Act WHEN APPLICABLE?
✔️ At interim stage ✔️ Before evidence ✔️ Before final order
5️. CHILD MAINTENANCE & CUSTODY
Section 125 CrPC
Guardians & Wards Act
WHEN APPLICABLE?
✔️ Immediately after filing ✔️ Interim custody possible ✔️ Continues after divorce
Child’s right is independent of marriage status.
6️. RIGHTS AFTER FINAL JUDGMENT / DIVORCE
Right
After Judgment
Permanent alimony
✅ Yes
Stridhan
✅ Yes
Child support
✅ Yes
Residence (DV Act)
⚠️ Depends
Interim maintenance
❌ Ends
Protection orders
⚠️ Case-specific
7️. COMMON MISCONCEPTION ❌
❌ “Wife gets rights only after final judgment” ✔️ Wrong
✔️ Most reliefs are interim & preventive, not punitive.
8️. COURT’S BALANCING PRINCIPLE
Courts grant interim relief when:
Prima facie case exists
Urgent protection needed
Delay would cause hardship
Supreme Court:
Rajnesh v. Neha (2020)
Interim relief is essential to prevent misuse by delay.
QUICK ONE-LINE ANSWER
Rights like shared household, interim maintenance, protection orders, and return of Stridhan are enforceable during pendency of proceedings, whereas permanent alimony and final custody flow after final judgment, subject to court orders.
Gaurav Nagpal v. Sumedha Nagpal ➝ Welfare of child is paramount.
5️. LIABILITY IN CRIMINAL CASES
Common Sections:
498A IPC – Cruelty
406 IPC – Stridhan
323, 506 IPC – Violence & Threat
Dowry Prohibition Act
Conviction possible even after divorce.
PART B – HUSBAND’S DEFENCES (HOW HE CAN LEGALLY PROTECT HIMSELF)
1️. DEFENCE AGAINST MAINTENANCE
Wife Able to Maintain Herself
Section 125(4) CrPC
Maintenance can be denied if:
Wife is living in adultery
Wife refuses to live with husband without sufficient cause
Wife is financially self-sufficient
Case Law:
Mamta Jaiswal v. Rajesh Jaiswal ➝ Qualified wife capable of earning may be denied maintenance.
2️. DEFENCE OF DESERTION BY WIFE
Section 125(4) CrPC
Section 13(1)(ib) HMA
If wife left matrimonial home without reason.
Case Law:
Rohtash Singh v. Ramendri ➝ Desertion affects maintenance entitlement.
3️. DEFENCE OF FALSE / MALICIOUS CASES
Section 498A IPC – Acquittal / Quashing
Supreme Court Safeguards:
Arnesh Kumar v. State of Bihar ➝ No automatic arrest.
Rajesh Sharma v. State of UP ➝ Prevent misuse of 498A.
4️. DEFENCE AGAINST DV ACT CASES
No domestic relationship
No shared household
Allegations are omnibus & vague
Case Law:
Inderjit Singh Grewal v. State of Punjab ➝ DV Act cannot be misused after long separation without cause.
5️. DEFENCE AGAINST STRIDHAN CLAIM
Proof of return
Proof articles were never given
Articles were jointly used
Burden initially on wife.
6️. DEFENCE OF SET-OFF / ADJUSTMENT
If husband already paying:
HMA maintenance
DV Act relief
Case Law:
Rajnesh v. Neha ➝ Prevent double maintenance.
7️. DEFENCE OF REMARRIAGE
Section 125(4) CrPC
Wife’s remarriage bars maintenance.
PART C – BALANCING PRINCIPLE (COURT’S VIEW)
Courts follow BALANCE, not bias.
Husband’s income vs wife’s needs
No punishment through maintenance
No starvation of wife
No extortion through litigation
Case Law:
Kalyan Dey Chowdhury v. Rita Dey ➝ Maintenance usually 25% of husband’s net income (guideline).
PART D – QUICK COMPARISON TABLE
Issue
Husband’s Liability
Husband’s Defence
Maintenance
Duty to maintain
Wife earning / adultery
DV Act
Residence & money
No shared household
Stridhan
Must return
Proof of return
Child support
Mandatory
Reasonable visitation
498A
Criminal trial
Quashing / acquittal
ONE-LINE SUMMARY (COURT READY)
A husband’s liability in India includes maintenance, residence, child support, and return of Stridhan, while his defences lie in disproving wilful neglect, establishing wife’s financial independence, preventing misuse of criminal law, and ensuring fairness under constitutional and statutory safeguards.
However, some rights are universal under criminal and civil laws.
1. RIGHT TO MAINTENANCE (MOST IMPORTANT)
A. Section 125 CrPC / BNSS 144
(Applies to ALL religions)
Right: A divorced wife who is unable to maintain herself can claim monthly maintenance.
Conditions:
Wife should not have remarried
She should not be living in adultery
She should not have refused to live with husband without sufficient cause
Quantum: No fixed amount – depends on:
Husband’s income
Wife’s needs & lifestyle
Key Point: Even after divorce, husband’s duty to maintain continues.
Case Law: Danial Latifi v. Union of India – Muslim women also covered
B. Hindu Law – Section 25, Hindu Marriage Act, 1955
Right: Permanent alimony at the time of decree or after divorce.
Form:
Monthly
Lump sum (one-time settlement)
Factors considered:
Income of both parties
Conduct of parties
Duration of marriage
Can be modified later if circumstances change.
2. RIGHT TO PERMANENT ALIMONY / ONE-TIME SETTLEMENT
Section 25, Hindu Marriage Act
Can be claimed even if wife is earning, if income is insufficient
Can be granted even to guilty spouse (court’s discretion)
Alimony ≠ punishment It is social justice.
3. RIGHT TO STRIDHAN (ABSOLUTE PROPERTY OF WIFE)
Section 14, Hindu Succession Act, 1956
Stridhan includes:
Jewellery
Gifts from parents/in-laws
Cash, property given at marriage
Husband has NO right over Stridhan, even during marriage.
Criminal Remedy for Stridhan
Section 406 IPC / 316 BNS (Criminal Breach of Trust)
If husband/in-laws refuse to return Stridhan
Section 498A IPC / 85 BNS
If cruelty is involved
Case Law: Pratibha Rani v. Suraj Kumar – Stridhan always belongs to wife
4. RIGHT TO RESIDENCE / ALTERNATE ACCOMMODATION
Protection of Women from Domestic Violence Act, 2005
Section 17 – Right to Residence
Section 19 – Residence Order
Wife can claim:
Right to live in shared household, OR
Rent / alternate accommodation
This right can survive even after divorce, if domestic violence existed.
5. RIGHT TO CHILD CUSTODY & CHILD MAINTENANCE
A. Custody
Hindu Law:
Guardians and Wards Act, 1890
Welfare of child is paramount
Generally:
Child below 5 years → mother preferred
B. Child Maintenance
Section 125 CrPC
Section 20, DV Act
Hindu Minority & Guardianship Act
Child’s right is independent of divorce.
6. RIGHT UNDER DOMESTIC VIOLENCE ACT EVEN AFTER DIVORCE
DV Act, 2005
Wife can claim:
Protection order (Section 18)
Residence order (Section 19)
Monetary relief (Section 20)
Compensation (Section 22)
Divorce does NOT wipe out past domestic violence.
7. RIGHT TO SHARE IN JOINT PROPERTY? (IMPORTANT MYTH)
❌ India does NOT recognize automatic 50% property sharing after divorce
BUT wife can claim:
Maintenance considering husband’s property
Residence rights
Stridhan recovery
Property right exists only if:
Property is jointly owned, OR
Purchased in wife’s name, OR
She contributed financially
8. RIGHTS OF MUSLIM WIFE AFTER DIVORCE
Muslim Women (Protection of Rights on Divorce) Act, 1986
Wife entitled to:
Reasonable and fair provision
Maintenance during iddat
Mehr (Dower)
Return of properties / gifts
Supreme Court expanded maintenance rights beyond iddat.
9. RIGHTS OF CHRISTIAN / Parsi WIFE
Indian Divorce Act, 1869 (Christians)
Parsi Marriage & Divorce Act, 1936
Maintenance
Alimony
Child custody
Property rights (as applicable)
10. WHEN RIGHTS END?
❌ Maintenance ends if:
Wife remarries
Wife lives in adultery
Wife is self-sufficient (court discretion)
✔️ Stridhan & child rights never end
11. ONE-LINE SUMMARY
After divorce, a wife in India is entitled to maintenance, permanent alimony, return of Stridhan, residence or rental support, child custody and maintenance, and protection under the Domestic Violence Act, depending on personal law and facts of the case.
EVOLUTION OF CONTEMPT, CONSTITUTIONAL PROVISIONS, TYPES OF CONTEMPT OF COURT
1. Meaning of Contempt of Court
Contempt of Court refers to any act that:
Disrespects the authority, dignity, or sanctity of a court, or
Interferes with the administration of justice.
The purpose of contempt law is not to protect judges personally, but to protect public confidence in the judicial system.
Key idea: Courts must function freely and fairly; contempt law ensures this.
2. Evolution of Contempt Law in India
(A) Pre-Independence Era (British Rule)
Contempt law in India originated from English Common Law.
The Charter Courts (Supreme Courts in Presidency towns) had inherent powers to punish for contempt.
High Courts established later also exercised contempt powers.
There was no codified law, only judge-made principles.
(B) Post-Independence Developments
1. Contempt of Courts Act, 1952
First attempt to codify contempt law in India.
Defined powers of courts to punish for contempt.
However, it was inadequate and unclear.
2. Sanyal Committee (1961)
Recommended a clearer and comprehensive law.
Suggested balancing freedom of speech and judicial authority.
3. Contempt of Courts Act, 1971
Present governing law.
Clearly defines:
Civil Contempt
Criminal Contempt
Prescribes punishment, procedure, and defences.
This Act balances judicial authority with constitutional freedoms.
3. Constitutional Provisions Related to Contempt
(A) Article 129 – Supreme Court
The Supreme Court shall be a Court of Record and shall have power to punish for contempt of itself.
(B) Article 215 – High Courts
Every High Court shall be a Court of Record and shall have power to punish for contempt of itself.
Court of Record means:
Its judgments are preserved permanently
It has inherent power to punish for contempt
(C) Article 19(1)(a) & Article 19(2)
Article 19(1)(a) grants freedom of speech.
Article 19(2) permits reasonable restrictions, including contempt of court.
Hence, freedom of speech is not absolute.
4. Types of Contempt of Court (Under Contempt of Courts Act, 1971) A. Civil Contempt (Section 2(b)) Definition: Wilful disobedience of any judgment, decree, direction, order, writ, or wilful breach of an undertaking given to a court.
Essential Elements:
Court order exists
Knowledge of the order
Wilful and deliberate disobedience
Examples:
A party does not comply with a stay order
Government authority ignores court directions
Violation of an undertaking given to court
Example: A court orders a landlord not to evict a tenant. The landlord forcibly evicts the tenant anyway → Civil Contempt
B. Criminal Contempt (Section 2(c))
Definition:
Criminal contempt includes any act which:
Scandalises or lowers the authority of the court, or
Prejudices or interferes with judicial proceedings, or
Obstructs the administration of justice
Types of Criminal Contempt with Examples:
1. Scandalising the Court
Making false, malicious, or derogatory statements against judges or courts.
Example: Publishing a social media post alleging that a judge passed an order after taking bribe (without proof).
2. Interference with Judicial Proceedings
Acts that influence the outcome of a pending case.
Example: Publishing news articles declaring an accused guilty during trial.
3. Obstruction of Administration of Justice
Preventing justice from being delivered.
Example: Threatening a witness or judge, destroying evidence, or misbehaving inside courtroom.
5. Punishment for Contempt (Section 12)
Simple imprisonment up to 6 months, or
Fine up to ₹2,000, or
Both
Court may discharge the contemnor if:
Apology is bona fide and unconditional
6. Defences Available in Contempt Proceedings
Truth (Section 13(b)) – if disclosure is in public interest
Fair criticism of judicial acts
Lack of wilful disobedience (in civil contempt)
Apology – genuine and unconditional
Note: Apology must not be a defence strategy; it should be sincere.
7. Important Principles from Case Law (Brief)
E.M. Sankaran Namboodripad v. T. Narayanan Nambiar → Criticism must not undermine judicial authority
Baradakanta Mishra v. Registrar of Orissa HC → Judges are open to criticism, but not contemptuous attacks
Prashant Bhushan Contempt Case (2020) → Social media criticism can amount to criminal contempt if it damages public confidence in judiciary
8. Purpose and Importance of Contempt Law
Maintains rule of law
Protects judicial independence
Ensures effective administration of justice
Prevents chaos and disrespect towards courts
Bottom line: Contempt law is a shield for justice, not a sword for judges.
9. One-Line Summary (For Quick Revision)
Contempt of Court is a legal mechanism to punish acts that disrespect courts or obstruct justice, rooted in constitutional authority and governed by the Contempt of Courts Act, 1971, balancing judicial dignity with freedom of speech.
1. What is “Misuse of Contempt of Court”?
Misuse of contempt jurisdiction occurs when contempt proceedings are:
Invoked not to protect the administration of justice, but
Used as a tool of intimidation, vendetta, silencing criticism, or
Used to cover up judicial or administrative errors.
Contempt is meant to be a shield for justice, not a weapon against dissent.
2. Common Ways Contempt Jurisdiction is Misused
(A) Silencing Fair Criticism
Using contempt to suppress legitimate, fair, and reasoned criticism of judicial functioning.
Problem: Democracy requires accountability, even of courts.
Example: A lawyer or journalist criticises delays or inconsistency in judgments with facts → contempt threatened.
(B) Personalising Judicial Authority
Treating criticism of a judgment as an attack on the judge personally.
Law protects the institution, not individual ego.
(C) Harassment Through Contempt Petitions
Filing contempt petitions:
Without wilful disobedience
For minor or technical non-compliance
To pressurise the opposite party
Example: Delay due to administrative reasons projected as “wilful disobedience”.
(D) Using Contempt as a Shortcut
Instead of:
Execution proceedings
Appeal or review Parties jump straight to contempt.
Courts have repeatedly said: Contempt is not a substitute for execution or appeal.
(E) Chilling Effect on Free Speech
Broad or vague contempt action can create fear among:
Advocates
Journalists
Academicians
Litigants
This discourages public debate on judicial reforms.
3. Supreme Court’s Stand Against Misuse (Key Principles)
🔹 Contempt is an Exceptional Power
To be used sparingly, cautiously, and only when necessary.
🔹 Judges Are Not Immune from Criticism
Fair, reasonable, and bona fide criticism is protected under Article 19(1)(a).
🔹 Wilfulness is Mandatory (Civil Contempt)
Mere non-compliance ≠ contempt
It must be deliberate and intentional.
4. Important Judicial Observations (Summarised)
Baradakanta Mishra Case
Judges can be criticised, but not scandalised.
Brahma Prakash Sharma v. State of UP
Contempt power is not to protect the dignity of an individual judge, but the administration of justice.
S. Mulgaokar Case
Judges should not be hypersensitive; tolerance strengthens judiciary’s credibility.
Prashant Bhushan Case (2020) – Debate Trigger
Brought national focus on:
Limits of criticism
Free speech vs contempt
Need for reform
5. Safeguards Against Misuse of Contempt Law
(A) Truth as a Defence (Section 13, Contempt of Courts Act)
If disclosure is:
True
In public interest
Bona fide
(B) Requirement of Mens Rea
Especially in civil contempt, intention matters.
(C) Apology Jurisprudence
Apology must be:
Genuine
Voluntary
Not a tactical escape
(D) Self-Restraint by Courts
Supreme Court has stressed judicial tolerance.
Authority grows by restraint, not fear.
6. Is Contempt Law Itself Bad? ❌ No.
The real issue is overuse, not existence.
✔️ Necessary to:
Protect courts from real obstruction
Prevent mob justice
Ensure compliance with orders
❌ Dangerous if:
Used to silence dissent
Used mechanically or emotionally
7. Need for Reform (Suggested by Legal Scholars)
Clearer distinction between:
Criticism vs Scandalising
Narrower definition of criminal contempt
Greater reliance on:
Reasoned rebuttals
Transparency
Institutional confidence
8. One-Line Conclusion (Powerful)
Contempt of court becomes misuse when it shifts from protecting justice to protecting sensitivities, thereby weakening the very institution it seeks to defend.
REMEDIES AGAINST CONTEMPT OF COURT PROCEEDINGS
1. First Principle (Very Important)
Contempt jurisdiction is extraordinary So the remedy depends on:
Stage of proceedings, and
Nature of contempt (civil / criminal)
There is no straight-jacket formula.
2. Remedies at the NOTICE STAGE (Most Important Stage)
(A) File a Detailed Reply / Affidavit
This is the primary and strongest remedy.
You can plead:
❌ No wilful disobedience (civil contempt)
❌ Order was ambiguous / impossible to comply
❌ Substantial compliance already done
❌ No intention to interfere with justice
✔️ Bona fide conduct
📌 Key point: Contempt is not made out by mere non-compliance.
📌 Appeal must be filed within limitation (normally 30–60 days).
(B) Grounds in Appeal
No wilful disobedience proved
Violation of natural justice
Order beyond contempt jurisdiction
Punishment disproportionate
Contempt used as substitute for execution
5. Remedy When Contempt Order is PASSED WITHOUT NOTICE / HEARING
This is serious illegality.
Available Remedies:
Recall Application before same court
Appeal under Section 19
Writ Petition (Articles 226 / 32) for violation of natural justice
Transfer Petition (in rare cases of bias)
Supreme Court has repeatedly held:
No person can be punished for contempt without being heard.
6. Remedy Against MISUSE or MALAFIDE Contempt
(A) Seek Dismissal with Costs
Argue:
Contempt filed to harass
No wilful intent
Abuse of process
(B) Seek Initiation of Action Against False Contempt
Courts can:
Impose costs
Warn complainant
7. Constitutional Remedies (Exceptional Cases)
(A) Article 226 / 32
Maintainable when:
Contempt order violates:
Fundamental rights
Natural justice
Jurisdictional limits
(B) Review / Curative Petition (Supreme Court)
Only in rarest cases
High threshold
8. Key Case-Law Principles (One-liners)
No wilful disobedience = No civil contempt
Contempt ≠ execution proceeding
Judicial authority grows by restraint
Fair criticism ≠ criminal contempt
Natural justice is mandatory
9. Practical Strategy (What Actually Works)
✔️ First comply, if possible ✔️ File strong affidavit with documents ✔️ Avoid emotional arguments ✔️ Use apology only when genuine ✔️ Use appeal wisely—don’t rush
10. One-Line Summary (For Court)
Remedy against contempt lies in challenging its maintainability, disproving wilfulness, ensuring compliance, and, if punished, invoking statutory appeal under Section 19 or constitutional remedies for violation of natural justice.
