Maintenance
preeti
(Querist) 08 June 2010
This query is : Resolved
Hello,
The 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 returned back saying he is not living here.
Plz advice wht should be done in this case from wife's point of view?
thanks
Raj Kumar Makkad
(Expert) 08 June 2010
Wife can get the bail cancelled from HC and can obtain the orders of PO and then can get the immovable property of her husband auctioned.
Devajyoti Barman
(Expert) 08 June 2010
Though the order of the High Court is not based on sound principle of law , from the wife's angle you can either go for attachment for for warrant of arrest. If he is an employee then his salary could also be attached.
Legal Fighter
(Expert) 08 June 2010
there can't be any such arbitrary condition for grant of bail. Maintenance is different matter and has to be granted based on principles of law related to maintenance.
I don't think that HC will cancel the bail as the SC has passed very clear instructions in the matter of "Munish Bhasin Vs State of Delhi" that the Courts can't put such arbitrary condition while granting the bail.
G. ARAVINTHAN
(Expert) 09 June 2010
When the condition of the Court, while granting was not complied with, the bail can be cancelled on the same on bringing the same to the knowledge of the Court.
