How to file anticipatory bail in Uttar Pradesh? Now you can file anticipatory bail under section 438 of the code of criminal procedure in the state of Uttar Pradesh. The state government by its notification dated 6 June 2019 has resumed the provision of section 438 crpc. Move an application before the court of sessions for anticipatory bail the High Court of Allahabad held in Harendra vs the state of U.P. that accused cannot move anticipatory bail application directly before the High Court.
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The Hindu Marriage Act does not recognise the concept of irretrievable breakdown of marriage. This concept does not allow the parties to prove guilt for divorce, therefore, it gives easy and respectable exit from the matrimonial bonding. In the modern development of social and economic conditions, marriage is no longer an institution. The marriage became a contract between the parties. Some provisions of the Hindu Marriage Act also made the marriage a civil contract between the parties.
In State of Haryana vs Bhajal Lal, the Supreme Court held that if FIR is filed with mala fide intention to harass the person then the court can quash it.