498A and DVA-
syeda qamer
(Querist) 07 May 2010
This query is : Resolved
dear sir/madam
my husband was arrested on indian airport as LOC/RCN was pending and was produced in court by the local police and got bail on security amount of 1.5 lac and on condition that he will return back after 6 months, failing of which leads to transfer of amount to victim wife and daughter.
my query is neither he turned up nor i received the amount and on the same amount he extended his stay in dubai through his personal lawyer by filing petition under 317 crpc.
please suggest me how can i get the amount.
more ever we are not paid maintenance.
Raj Kumar Makkad
(Expert) 07 May 2010
As his application has duly been admitted by court under section 317 Cr. P.C. so no violation has been made by him in this matter and once he violates court order, further consequences shall follow and that deposited amount shall be given to you.
So far as maintenance amount is concerned, get the decree and get executed it against even the deposited amount.
Devajyoti Barman
(Expert) 07 May 2010
If your husband has deposited that amount as security deposit then on the occasion of violation of the condition of bail automatically forfeits the amount in your favour. But in your case it appears that the court has not treated his absence as violation of the condition for bail.
adv. rajeev ( rajoo )
(Expert) 08 May 2010
why don't you pressure the court to reject the application filed u/s 317 of the Cr.P.C. because he is not attending the court regularly. If it is already six months and amount is deposited in the court then file an application to transfer the amount to wife and daughter.
PJANARDHANA REDDY
(Expert) 08 May 2010
ASK PP TO FILE AN APPLICATION TO THAT EFFECT TO TREAT HIS ABSENT AS WANTONLY AVOIDING THE LAND OF LAW AND TO CANCEL HIS BAIL. U CAN ALSO GIVE AN REPRESENTATION TO THE TRAIL COURT MAGISTRATE TO THAT EFFECT.THEN U CAN SUCCEED IN GETTING AMOUNTS, IF THE 317 PETITION IS ALLOWED IN EVERY ADJOURNMENT IS ALSO ABUSE OF LAW.
