Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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(Guest)

Can u help orphen and minor to get justice?

Can u help orphan and minor to get justice?

I am Hindu Maratha and my wife is Christian. I am from Bhusawal and she is from Belgaum. I am orphen and alone. My wife deserted not only to me but  also only begotten sucking child by name Shahaji Raje on 28 Jun 2007. On 01 July 2007 she filed 498(a) in Bhusawal Mah.  and CRPC 125 at Belgaum Karnataka on 16 April 2008. I filed Restitution of Conjugal rights in District court Jalgaon Mah. on 12th August 2010 contested order is passed against my wife to restitute conjugal rights in one month from the date of the order.  I filed enforcement of it.  she refused to restitute. Now court is asking to take further steps.  SO AS PER LAW WHAT STEPS SHOULD BE TAKEN IN THIS MATTER?

Second thing is in 498(a) court passed order to arrest my wife’s family and bring them before court since they do not come for witness in the court . Date is 29 March 2011.

Another thing is on 17 Feb.    2010 interim maintenance order to pay Rs26000/- is passed. 24000/- maintenance and Rs. 2000/- as expenses.  it is from  the date of filing application, which is 16 April 2008. WHEN RESTITUTION OF CONJUGAL RIGHTS IS AGAINST WIFE STILL I HAVE TO PAY MAINTENANCE?

On 28 . 09.2009 I appear before Belgaum court and given application along with my yearly Income Rs. 18000/- certificate of Executive Magistrate Bhusawal  to the Belgaum Legal aid authority to give me free advocate. Acknowledgement copy was submitted to the court . however I did not  received any reply to it. Now arrest warrant against me has reached to Bhusawal police station and after holy any time police said they would arrest me and take to Belgaum. Can you please tell me- IF I AM ARRESTED AND MINOR IS WITH ME , WHAT WILL POLICE DO TO MINOR? WHAT SHOULD I DO WHEN POLICE PRODUCE ME BEFORE BELGAUM COURT? IF COURT PUT ME TO JAIL WHERE THE CHILD WILL BE KEPT? WILL THEY ALLOW CHILD TO STAY WITH ME IN JAIL? WHAT ABOUT MY LLB FINAL SEMISTER EXAM  AND WHAT ABOUT THE EXAM OF THE MINOR WHO IS STUDING IN  SECOND STANDARD ? WILL COURT ALLOW US TO APPEAR FOR EXAM?

Along with me minor also is suffering . Till today his mother  never enquired   for him or filed application for his custody. She is harassing both of us. About these cases if any more information is needed, my mobile No. Is  0 - 94 227 72 557 Can you please help orphen and minor  urgently  in this matter to get the justice?



Learning

 3 Replies

ADV Rajesh KASRIJA (ADVOCATE)     15 March 2011

r sir 

u must go to the district & session court 4 antispatry bail & plead all ur facts u tell us on this site u must be grant stay before arrest.

u must file aplication us 127 crpc agaist the order of 125 crpc. after passing order of Restitution of Conjugal rights she can not claim maintence after the decree of Restitution of Conjugal rights.

adv kasrija


(Guest)

Dear friend,

Which district court Belgaum Karanataka or Jalgaon Maharashtra Court? can u pl. tell?

Om Prakash Dhusia (HR assistant)     08 May 2011

Dear Raje: If the arrest warrent has been issued from Karnatka then you have to seek bail from Karnatka and not from Maharshtra.

In such an pathetic situation, the unlucky child has to be sent to children's home because he can not accompany you in the jail if god forbids and I don't think India is so advance to have Social service of that nature which exist in the western countries.

Regards.

 

 

 

 


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