amit kumar (hr executive ) 24 May 2012

Allimonary compulsary?

Dear Lawyers,

Please suggest on the below points.

1) Is paying allimonary a compulsion after getting the charges quashed through 482 crpc? Though marrige stayed for couple of days..

2) How to get the oder/obatin the copy of your last judgement or bail patetion from the court if the lawyer is not corporating to give a copy of the same and what is the procedure to get the same from the High court?

3) After onces getting a bail from High court can one file a suit of 482 to get the charges Quashed in FIR against him and if the same are been quashed does one need to still give an alimonary to the other party? Does court say so ?

4) What is the procedure to get the passport back from the case IO on court notice to give the same which is laying under there posession from serveral months although the condtions are been met.

Thanking you omce in advance for spending your valueable time on reverting to the answers of my above questions.

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1 Replies

Saurabh..V (Law Consultant) 24 May 2012

@Author

Please see my answers in blue:

Q1) Is paying allimonary a compulsion after getting the charges quashed through 482 crpc? Though marrige stayed for couple of days..

A1) It depends on what were the terms on which the charges were quashed. Read the order copy under 482CrPC carefully. It is irrelevant that for how many days did the marriage subsisted. Its dependant on the facts & circumstances of the case. If the marriage broke due to cruelty of the husband and court found no mistake of the wife, then she is entitled for alimony else not.

Q2) How to get the oder/obatin the copy of your last judgement or bail patetion from the court if the lawyer is not corporating to give a copy of the same and what is the procedure to get the same from the High court?

A2) You can request the order copy from High Court. File for a certified copy from the Court Office. Also these copies are generally available on Internet Website of the High Court. If it is Delhi High Court, then you can find it on https://www.delhihighcourt.nic.in

Q3) After onces getting a bail from High court can one file a suit of 482 to get the charges Quashed in FIR against him and if the same are been quashed does one need to still give an alimonary to the other party? Does court say so ?

A3) Already answered above. You should read the orders carefully.

Q4) What is the procedure to get the passport back from the case IO on court notice to give the same which is laying under there posession from serveral months although the condtions are been met.

A4) If you have court orders for release of Passport from I/O, then get the certified copy from the court, and hand-over the same to the I/O. He would make entries in his official books and thereby release your passport.

//peace

/Saurabh..V