Guidance required

The extension will be allowed and you will get a similar order as below when you apply for extension submitting a affidavit stating the reasons for failure to comply with the order dated 5th Dec 2011. In the below case the petitioner did not surrender as per order dated July and applied extension in December so a period of 10 days was allowed for surrender. The further period would be lesser than the original 30 days so whatever the reason or time you face in certified copy receiving that may be 10 days- 15 days.

Case :- CRIMINAL MISC. WRIT PETITION No. - XXXXX of 2011

Petitioner :- XXXX
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Kashif Zaidi
Respondent Counsel :- Govt. Advocate

Hon'ble Sheo Kumar Singh,J.
Hon'ble Surendra Singh,J.
In Re: Time Extension Application
This is an application for extension of Time for ensuring compliance of the court order dated 19.07.2011.
In support of this application� an affidavit is there. Ground appears to be bonafide.
In view of the aforesaid, ten days and no more is allowed for ensuring compliance of the aforesaid order.
Application stands disposed of accordingly.
Order Date :- 2.12.2011

----The trial court would act only on the next date means the date that the case is due for listing in trial court and if it is not in between you cant expect any coercive action. You can expect that the opposite party would submit the certified copy of the stay vacation on the next date and press that proceedings be started as stay is no more valid. If it falls within the 30days of HC order ie 5th Jan till then nothing would happen but if later than again the bail would be a issue like issue of bailable warrants on non appearence.

-----Yes you will be under no cover unless its granted by SC on admission but on dismissal the cover is not there.

Previously I have filed a judicial separation case against my wife. She appeared to the court for maintanace purpose. After 6 months she filed 498a case, and we all got bail. I got the A.B. from high court and then surrender myself to the lower court I got the bail. But on that bail it has written that I.O. can ask anytime for any enquiry but I am staying out side of my state for service. So i am not available anytime in my city. Can police harrase or he has to submit the chargesheet. Now my family are asking for a mutual divorce they(spouse family) also arrange the meeting for this. But I can not trust them and my 498a case will be on the court on 2nd april 2012. May be they want to clear that what she has taken with her and what remaining things is with me. I already told my parents that you just submit all the accessories they has given to their daughter. But somebody told that if it will be like that then till it is under court or police I have to pay the rental. Some list they had attached withe the 498a & 406. I think they can not produce all the listed materials as something is false. Mutual divorce can take place as we had separated last april month. I think after granting and taking all the materials and extra money they want with all the materials, they can do anything or I have to wait...
Please give me some advice as my father is a cancer patient and twice surgery has done. So I dont want to loose my father as I already taken their peaceful life. Please suggest me.

Thanks Sanjeev!

1. Apparently husband is busy with filing the SLP in SC & hence cannot go to High Court( UP). Is there any provision under law that the Ld Counsel can move pray on behalf of husband? Or if you can share few links (format) of time extension pray, then husband can courier the affidavit from here.

2. The date of hearing in trial court is 6th Jan, then what should the Ld counsel pray???Can the winter break of 7 days by trial court , by default extend the stay???

Thanks!

--- Yes the Husband dont need to be present in HC ask your HC lawyer to move a application for 'Modification of order' in the same court. It will take time to be listed but you would like to wait for your SLP result before applying extension so but better that you get the papers prepared.

----In trial court let your counsel appear and present a affidavit or application on your behalf along with copy of the HC order stating therein that the HC has granted one month time to seek bail and you would be applying shortly for the bail. If he appears and puts the application that will prevent an coercive action from there. The court will grant a new date.

Affidavit your counsel can prepare and send you the same over mail and you can print the same on legal size paper and sign and send that to him. Format would not suit you as he would prepare the same putting the details relevant to you.

Dear Sanjeev,

Thanks!

I could not comprehend ,"Modification of orders" on what grounds??Will such pray extend the relief, by default??

Also i seek clarification on waiting for SLP result & then applying for time extension ...

The Trail court suggestion looks great!! One point which i would like to share is that the Trial court was partially working since the last 30 days, as the judge was on leave most of the time in mid december. Then trial court was shut from 24th -1st Jan. The Judge was again on leave on 4th Jan...Will such leaves also not be a ground for praying no coercive action in trial court.

Advise pls!!

There is nothing by default - you will submit a affidavit praying extension of time for surrender stating reasons in the affidavit for which you could not present yourself in the 30 days period earlier granted. Your case would be in disposed off status so will need to be listed again in the court concerned the application that your lawyer would file would be for 'Modification of order'. Judges dont have time to read the contents of the affidavit it would be just a brief of the circumstances that your lawyer would present and the judge would grant extension of time to appear from the date of the order that he would pass now.

SLP decision outcome I said would matter as If the SLP is admitted and you get a temporary relief from SC of 'Stay of arrest' than you wouldnt require to apply in HC for extension to surrender.