Leadership of high courts judges
Vishal jain
(Querist) 27 October 2009
This query is : Resolved
Hello..
This is vijay again. As you all know that I am having a matrimonial dispute with my wife.
After FIR, I go for Anticipatory bail at DELHI HIGH COURT (bcoz bail rejected at lower court). I was on Interim bail for the past 10 months.
My wife claim to spend 20+ lakhs on marriage, for which the Hon’ble court told the IO and gave the written order to check the financial status of the girl, for which she was asked to produce the copy of ITRs of her and her family. But they did not submit the ITRs. We were also forced to pay 2 lakhs in form of FD + stridhan to girl. We did that. But in the written order the court mentioned that the petitioner is ready to give 2 lakhs, which was not true. The truth was that we were forced to pay.
Then new ROSTER came, and new judges came/appointed……
The new judge did not hear anything and ask us to pay 10 lakhs to girl + 10,000 pm as maintenance. We were surprised to hear this. Our counsel opposes. Our counsel tell the court that already Rs. 2 lakhs been paid to the girl in the form of FD as per the order of the previous judge. Then the court ask us to give Rs 1 lakh MORE to girl in form of FD and give us the anticipatory bail.
My question arises from the written order of the new judge is:-
1.) In bail proceeding as far as I know there should be no monetary proceedings as per the order of Hon’ble Supreme Court then why we were forced to pay some money to girl. Can we appeal for that in Double Bench at High court.
2.) In bail proceeding why we are forced to pay the maintenance, as maintenance is not the part of bail matters. Why/who are these judges to fix the maintenance. Can we appeal for that at Double Bench at High court.
3.) Now we don’t have 1 lakh to pay, what should we do.
Should I go for Writ Petition in High court or at Supreme court. I am very confused.
Sudharsan.m
(Expert) 27 October 2009
yes, the hon'ble court can impose conditional bail, if you satisfy that then the bail can be granted. Dont complicate yourself by filing Writ Petition challenging that and also it does not required to go always to the division bench.
If you don not want to pay the money, then declare yourself that you are unemployed now and prove to the court that i do not have job to pay 1 lakhs and maintainance.
It is the duty of your advocate to take this case in such a way that no money should be paid and moreover if they are wealthy then maintainance also not required, even then the maintainence will be until her second marriage, if she willing to perform.
threten them that you are going to marry a new girl, if divorce is obtained
Kumar Krishan Agarwal Advocate
(Expert) 27 October 2009
Wide powers of the High Court no comment on judges supremacy only the last ray of hope is the Supreme Court only.
After that shut your mouth or yelling for injustice.
It is the part of the legal system where sometimes harsh order comes out from the court. Don't think the case ruling will help to rescue you.
Discretion of the judge of High Court and Supreme Court are utmost powerful than law.They are the gods of the law.
Raj Kumar Makkad
(Expert) 27 October 2009
I also agree with the opinion of Sudharshan.
G. ARAVINTHAN
(Expert) 03 November 2009
Right or wrong.. it is the order of the Court which granted bail to you on condition.
Sachin Bhatia
(Expert) 03 November 2009
I also agree with the opinion of Mr.Sudharshan.
