The Supreme Court has ruled that a court hearing a dowry-related case cannot force a man to pay alimony to his estranged wife as a pre-condition for anticipatory bail.

The judgment is significant as it cautions trial and high courts across the country against unnecessarily harassing husbands and their parents in dowry cases. Such conditions are "onerous and excessive", a bench headed by justice RV Raveendran said.

The apex court quashed a Delhi high court's two-year-old order directing a man to pay Rs12,500 in maintenance to his wife as a condition for anticipatory bail.

The top court was hearing a plea by Delhi-based Munish Bhasin, who had challenged the high court's order directing him to pay maintenance to his wife as a condition for anticipatory bail in a dowry harassment case filed by her.

"When the high court knew that a case for grant of bail had been made out, it was not open to it to direct the husband to pay Rs3 lakh for past maintenance and Rs 12,500 per month as future maintenance to his wife and child,"the court said.

"The condition imposed by the HC directing the husband to pay maintenance to his wife and child is onerous, unwarranted and liable to be set aside," the SC observed.

"In a proceeding under section 438 of the Code (grant of bail), the court will not be justified in awarding maintenance to the wife and child. In this case, the complainant's wife Renuka is employed and receiving a handsome salary. Hence, she is not entitled to maintenance''.

"Conditions for anticipatory bail cannot be harsh and excessive so as to frustrate," the apex court said.

Rakesh Bhatnagar/ DNA-Daily News & Analysis Source: 3D Syndication