Anticipatory bail converted into regular bail suject to payment
(Querist) 29 June 2015
This query is : Resolved
Please share your expert view in the circumstances that, opposite party approached before the High Court, Patana with ex party order of family court and put-up the same order. High Court gave order to the petitioner (husband) to pay the amount of maintenance as per order of family court on which condition anticipatory bail is granted as a regular bail. Further condition also mentioned in the order that if any default by the husband for payment of the maintenance amount then bail shall stand canceled. another condition is mentioned that the petitioner will be liable to pay the amount as per variation of any proceeding further of the order of family court
Sir, My queries:- 1. Husband who was not aware about the case of maintenance u/s 125 and wife took ex party order as per her desire to take Rs 12000pm from husband . in such circumstances, can i file misc. application or appeal before the session court? 2. or Can i file petition before the high court to order to the lower court for giving opportunity to the husband to argue the case ?
3. Order of Regular bail can be revised by the high court for deleting the condition of bail which is against the laws ? Can i take reference that the ex party order is disputed order which is to be deleted from the order of the regular bail?
4. Family court ex party order date is 26th May, 2015 where as high court order date is 24th June,2015. Husband was not served any order till now. kindly also suggest within what time can i take action ?
Kindly suggest what can i do? Which way i have to go?
adv. rajeev ( rajoo )
(Expert) 29 June 2015
Within 30 days of the family court order you will have to approach the high court to set aside the ex-parte order.
Raj Kumar Makkad
(Expert) 30 June 2015
1. Yes. You have two options. One to move an application seeking setting aside of the ex-parte order and if this is done, you shall be granted the opportunity to defend the maintenance petition. The second option is to file an appeal before the Sessions Court.
2. Reply already given.
3. Te amount of maintenance to be paid by husband to wife is subject to the final verdict to be passed by trial court hence there is no harm to follow the direction of the court except to pray before the high court to modify its order of payment subject to the outcome of the pending application seeking setting aside of the ex-parte order.
4. You should move an application within one month of the date of the knowledge of the respective orders.