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preeti (Asst Manager)     06 June 2010

Plz help

Hello,

Husband is out on bail from high court under 498A on condition tht he will give 5000 as inetrim maintenance to wife. however just after 6 months he has stopped sending the same. maintenance case is still pending in district court. husband is also non traceable as notices sent to him were reatured back saying he is not living here.

Plz advice wht should be done in this case from wife's point of view?

thanks



 8 Replies

adv. rajeev ( rajoo ) (practicing advocate)     06 June 2010

498a is criminal case, how come cout put a condition to pay Rs.5000/- maintenance.  It is entirely different procedure and such an order cannot be passed.

file an application for proclamation. 

If mainenanace is awarded in cri., miscelleneous case then go for attachment of his properties.

preeti (Asst Manager)     06 June 2010

Yes High court of delhi has passed this order after reviweing the unethical behaviour of husband to derogate his wife in public. district court has also dismissed his bail on the gounds of his bad conduct. since he is non treaceable now wht should be the next step.

Arvind Singh Chauhan (advocate)     06 June 2010

I am also astonished about such order by HC. To compell his appearance follow Mr. Rajeev's advice.

Guest (Guest)     06 June 2010

With due respect to Mr. Rajoo and Mr. Arvind, the hon'ble High Court has got the power to issue such orders while passing anticipatory bail or bail order.  As the bail provision is in Cr.P.C. the hon'ble High Court by virtue of S. 482 can pass such an order.  It is in addition to the general discretionary power exercised by the bail court at the time of granting bail.  It is also not unknown that in-laws are directed to hand over the dowry articles to the daughter in law for getting anticipatory bail in High Court.  Further, in the trial courts, we see various conditions are imposed by the ld. magistrate or ld. ASJ while granting the bail, such as surrendering of passport, not tampering the evidence, not to visit the complainant at the office or residence, not to get videographed (in the case of Mr. Rahul Mahajan's honeymoon trip proceedings) etc.  Hence, there is nothing illegal or weird in the order passed by hon'ble High Court  directing the husband to regularly pay maintenance to his wife.  Regarding recovery, I totally concur with my friends regarding the procedure recommended by my friends. 

1 Like

preeti (Asst Manager)     07 June 2010

Thanks to all of you for reverting. however, as usual husband has transferred his property in his parents name and they have disowned him so tht no liability can be put on them. wht can be done now?


(Guest)

1. S. 498a IPC case will take its own course with proclaimation notice upon HIM during the trial if he fails to appear.  
2. Since the properties are transferred Court may not have much of say in recovery proceedings therein.
3. best is to hire detective and bound him to appear wither at PS or before concerned Court that is the only option you are left with now.
BTW, who else are alleged to have been made party in S. 498a IPC case?
Rgds

preeti (Asst Manager)     08 June 2010

Its only the husband who is the party in 498a. however since he has stopped sending the maintenance and also he is absconding so can we apeal in high court again to cancel his bail.


(Guest)

1. Yes, bail concelation could be plead for at this stage. I think at trail court this could be done. Double check this with your Advocate and also educate me on this step for my knowledge.

But what will be the scene afterwards ! ?
 


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