Grounds on cancellation of anticipatory bail
manish
(Querist) 21 September 2016
This query is : Resolved
Dear Sir,
My sister had file a sec 498 against his husband and family but on supreme court new judgement the have granted bail .
but the accused person on ground to fulfill the condition for weekley present to police station.
but accused husband not fullfilled the condition since the order passed.
plesae suggest :
can his bail be cancell on such ground
can we file for cancellation of bail
other procedure and supreme court judgement
regards
Manish
and
Raj Kumar Makkad
(Expert) 21 September 2016
You sister can file petition on that ground.
manish
(Querist) 21 September 2016
any judgement on supreme court on such ground so that it can be usefull.
manish
(Querist) 21 September 2016
my sister has filed sec 125 for maintenance against sec498, but the accused person is not filling IT return but doing good business.
Shall it impact on getting maintenance and other suggestion on such ground to get her rights.
Raj Kumar Makkad
(Expert) 21 September 2016
You cannot force a respondent to bring an evidence against him. If the husband of your sister is not bringing his income tax return, you may summon the income tax department in this regard.
Devajyoti Barman
(Expert) 21 September 2016
Non fulfillment of condition in grant of bail is a valid ground for cancellation of bail .
So file a petition in that regard in the same court or in high court.
If he does not file ITR then the court is free to take adverse presumption against him.
manish
(Querist) 21 September 2016
Thank u Devajyoti sir.
Sir can I HV ur no
Ms.Usha Kapoor
(Expert) 22 September 2016
Breaching of bail conditions are enough fo cancellation of bail.
Rajendra K Goyal
(Expert) 22 September 2016
Agree with the advice from experts.
Judgment / reference cases / ruling / citation / decided cases not supplied in this section.
manish
(Querist) 22 September 2016
Thank u Usha Madam
Thank u Goyal sir
Sir if accused husband having own business and not submitting income tax return , may impact on sec 125 filled by my sister .
Or how Shecan claim the maintenance u/s 125 if accused deny of having income / shown less income .
My sister after marriage has no earning and depend on us, she is also in depression
manish
(Querist) 22 September 2016
Thank u Usha Madam
Thank u Goyal sir
Sir if accused husband having own business and not submitting income tax return , may impact on sec 125 filled by my sister .
Or how Shecan claim the maintenance u/s 125 if accused deny of having income / shown less income .
My sister after marriage has no earning and depend on us, she is also in depression
Raj Kumar Makkad
(Expert) 22 September 2016
In the given situation, your sister can claim maintenance allowance wherein she can summon the income tax return from the income tax department if your brother in law files it and if not even then the maintenance allowance shall be granted as this is the liability of every husband to maintain his wife.
The amount of income if not duly provided, definitely shall affect the amount of maintenance.
Rajendra K Goyal
(Expert) 22 September 2016
If he is not submitting IT return, maintenance may not be fixed at desired level.
