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Simi   25 August 2018

proclaimation

sir let me know in dv matter aftr husband fails to appear in court inspite of arrest warrant and police report says he is not traceable. can i go ahead with proclaimation application or first i have to apply for nbw.


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 6 Replies

Dr J C Vashista (Advocate)     25 August 2018

What is your concern and locus standie to the academic question?

How do you co-relate proceeding under section 82 Cr PC with NBW?

Simi   25 August 2018

Sir there was an arrest warrant under 125 (3) crpc for not paying interim arrears since 5 years and the warrant got extended twice still in all reports police has said he is not traceable. Then my next step should be nbw or proclaimation ? How do i recover my arrears whch not even a single penny paid.

Simi   25 August 2018

i have even applied for nbw application but magistrate has asked for show provision

Simi   25 August 2018

please someone guide me or can anyone provide me with such judgement or provision

SOLOMON.RAJ (advocate/director)     26 August 2018

Hii simi,
please file a case under section 498A of the indian penal code the police will summon him if you provide them the phone number and later the police will arrest him.after registering of the case in case he doesnt show up for the primary counselling.

At the same time once he is arrested you can file a memo before the maintenance court stating his arrest.

The court will issue directions not to release him unless arrears are paid or in case he chooses not to the judicial custody will be extended to another one.month for a year of arrears.

If the above remedies see llengthy please appraoch the high court of your state making the commissioner of police a respondent for inability to trace your husband.

Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086

Simi   27 August 2018

Sir i have a 498a case also registered and he got anticipatory bail later i appeared on dates whn lower court warrant was pending and he dis nt appear evn in criminal matter jus coz that warrant was active so i applied for nbw here too n still police is searchn him. If he gets caught can i ask this magistrate that nt to grant him bail coz arrears of interim is there in dv matter and he jus avoiding court dates to not gv money. Can this happen coz both matters are in two diff courts.

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