The Bombay High Court on April 21 quashed a look out circular (LOC) issued at the behest of Mahad police against a man currently in India but who works in the US. The LOC stemmed from a 2024 FIR lodged by his estranged wife alleging cruelty to her, by him and his parents.
Background of the Case
The husband alleged that his wife left their home in February 2024 due to matrimonial disputes. Through his counsel, he argued that if he is not allowed to travel to the US, his entire life would be disrupted and destroyed. The state opposed the quashing, contending that it would be difficult to secure his presence for trial if the LOC was removed.
Court's Ruling
Justices Sarang Kotwal and Sandesh Patil observed that the trial would take a long time and it would be unjust to restrain his travels abroad. Consequently, they quashed the LOC. The court noted that the man's livelihood and career depended on his ability to work in the US, and the prolonged legal process should not unduly restrict his freedom.
The decision underscores the balance between legal obligations and individual rights, especially in cross-border employment scenarios. The court emphasized that alternative measures could be taken to ensure the husband's presence during trial, such as imposing conditions on his travel.
