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Reply to habeas corpus

(Querist) 27 July 2014 This query is : Resolved 
dear sir,
my sister and her 2 kids were abondonned by her husband year 2012 in state of up.police refused to file fir.we came to rajasthan and filed fir,498a.he was refused bail from session court but granted bail in high court on basis that if he was put behind the bar he can not earn money to support wife n 2 kids.so the bail was given stating that he is aggreing to pay 15000 per month to wife n 2 kids and if he failed to do so for 3 consecutive months the bail will be disposed of without any hearing.it was 1 yr back and since then he hasnt paid any money and now he has filed a habeas corpus for kids kidnapping for brother mother and wife.what shall be done? we have applied for transfer of case to our state of raj from state of up in supreme court. we hired a lawyer in up but somehow he didnt present at the day of hearing in up court and now they have bailable warrent for mother of wife.what shall we do next? kindly suggest...thx
2kids are 12 yr and 3 yrs males
Devajyoti Barman (Expert) 27 July 2014
It seems the condition for bail is not complied with.
You can file petition for cancellation of bail for non compliance of its condition.
The habeus corus would not be met with success since 498 case is filed.
Engage a new advocate and ask him to appear in court.
In writ case warrant is not issued. So check this fact.
ajay sethi (Expert) 28 July 2014
agree with Mr barman
Rajendra K Goyal (Expert) 28 July 2014
Agree with the expert Devajyoti Barman ji.
meet (Querist) 28 July 2014
thanks a lot every one..............
T. Kalaiselvan, Advocate (Expert) 29 July 2014
I too agree with the opinions of expert Mr. Barman. Warrant will not be issued in writs. Change the lawyer and deal with the issue tactfully especially since he defaulted and disobeyed the order of court in connection with the condition for grant of bail.
Biswanath Roy (Expert) 05 August 2014
The conditional bail granted to husband stands infractitous and not operative and stands as no bail granted.


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