Arvind Singh Chauhan (advocate) 28 July 2011
If recovery notice has been issued to husband on the steps taken by the lawyer of wife, and husband wants to deposit amount in court. Wife has left to pursue the matter, only her lawyer is taking steps.Wife is not traceable and have supposed to remarried with another man.
What would be of money, whether husband can get it back if wife does not come to receive it? Up to what time court should wait ?
GIRISH KUMAR, ADVOCATE (Lawyer) 29 July 2011
Sir,
First you have to see that in what capacity the lawyer of wife take step. You have to see whether the lawyer of wife has filed his Vakalatnama or not. if it is not filed then the proceedings under 128 cr. p. c is void because the proceedings u/s 128 cr.p.c. is a separate proceeding. You can also file an application stating the above facts and pray for personal attendence of the wife. You can also pray the dissmisal of proccedings under section 256 Cr.P.C as the complainant is not appeaning.
If any further qyery you can contact me at my cell 9873777479
Arvind Singh Chauhan (advocate) 30 July 2011
Thanks a lot Sir.
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