LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ramesh Kumar (none)     02 August 2014

Huge cost for bail in hc 10000 p/m to wife in false 498

Hi All,

 

Please reply to this

Its a story of false 489a from my wife, my parents and brothers got bail from civil court 4 months ego. Last week, I got bail from HC but on a very harsh condition that I have to pay Rs.1000. every month. Where as I am not working any more, totally depended on my pensioner fathers who gets around 8000 every months. I don’t know from where to fulfill this illogical demand of HC. Please suggest me what should I do to avoid this situation.   

Ramesh



Learning

 17 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 August 2014

This is because of incompetent and corrupted lawyers. Please apply for a review petition in the same HC in-person (Without Advocate) and state your incapability properly with proofs.

 

If still the HC does not grant your prey then apply Special Leave Petition under Article 136 in Supreme Court.

 

Please follow my link bellow for sample petitions -

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

1 Like

laxmi kant joshi (instructor)     02 August 2014

Move a review petition in the same high court stating respectfully with relevant proof of your incapability to pay such huge amount .

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 August 2014

Dear Querist

filing review is  better option before the same bench, if the court reject your review then file SLP before SC against the HC order or you may file SLP directly before SC.

Arvind Singh Chauhan (advocate)     02 August 2014

I think such order can not be passed in criminal matter and such condition can not be put, in a matter of bail  . File revision in larger bench or writ  in SC.

Ramesh Kumar (none)     03 August 2014

Thank a lot for your advises. 

But i stay in a small hometown in bihar, don't have any source or knowledge for a good SC lawyer if any one can advise me some advocates from SC for this purpose. 

 

Please help me...

Ramesh

498A-filed (Advisor)     31 August 2014

In Patna High Court many a times maintenance is awarded in AB in 498 A cases. There are judgments of supreme court which have clearly stated that putting maintenance in AB is illegal. So move directly to supreme court  by file SLP and cite the judgement. You will get relief.

Ashok, Advocate (Lawyer at Delhi)     01 September 2014

Putting such harsh conditions for paying maintenance while granting bail is generally not permissible. Your remedy is to file SLP in Supreme Court for modification of the conditions for grant of bail.

Ramesh Kumar (none)     21 September 2014

Dear Ashok sir, 

Here patna HC adv. advised me to, first go for modification in HC itself and if not satisfied with results

we can move to SC for SLP. What`s ur advise on this? 

Regards, 

Ramesh

498A-filed (Advisor)     21 September 2014

Monthly maintenance is 10,000/- or 1000/-. If it is 10,000/- then file an SLP in supreme court and get the maintenance removed.

Ramesh Kumar (none)     12 October 2014

Dear 498A-sfiled

if you can, please PM your phone no. need to talk to you and get more help out of you. 

Regard

Ramesh Kumar (none)     12 October 2014

Dear All,

First thing first

-          I have taken bail from patna civil court by paying 10,000 for the first months to my cunning wife as per the order from Patna HC for my AB.

-          It`s a really a rough order of me of simply paying Rs. 10,000 to my wife every month in order to maintain my bail. And I am not working and not earning even a paisa right now.

-           There is no two bench where I can apply so

-          I have filed a modification again under same judge again.

-          Many advices as many people...some says to go to SC court, some says apply again to HC under same judge.

-          Lets see the judgement from HC if OK fine, otherwise I will move to SC.

 

My question is if I stop paying 10,000 my bail will get cancelled, I will go to jail, after this WHAT???

-Being in jail can I reapply for bail in HC again?

-or what will happen please advice since I have to take my decisions on ur advices only

 

Regards/Ramesh

Rajender Kalra (Men's Rights Activist )     24 October 2014

If it is 1000, its very nominal...seems typo error...

Sudhir Kumar, Advocate (Advocate)     24 October 2014

please confirm exact amount. 

498A-filed (Advisor)     25 October 2014

Patna High court have passed similar order in one of my friend's case of paying 10000 per month to wife plus a lumpsum of 5 lakhs also , just for provisional bail and the hon.  judge has written the financial capacity of husband is not known hence this amount is decided.

I wonder if the finances of husband are unknown, how the judge arrived at such a huge figure. May be according to the hon judge, everyone in India is a crore pati.

 

Don't listen to anyone. File an SLP in the supreme court.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query