Soma (ta) 30 June 2012
My sister in law has filled a case under crpc 125.Need to know the follwoing things
1. We have moved this case to high court for quashing as my brother is un-employed at this moment.Is it possibel to quash this case
2. Do we need a bail for this as this a criminal case.
3. Can police arres if there is no bail.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 30 June 2012
1. This case won't be quashed.
2. You don't need bail.
3. This is not a purely criminal case, it's quasi criminal, it is civil but where husband defaults on a maintenance order then the consequences are criminal (detention).
Rajeev Kumar (Lawyer/Advocate) 30 June 2012
Rajeev Kumar (Lawyer/Advocate) 30 June 2012
N.K.Assumi (Advocate) 02 July 2012
Thanks Bharat.
Soma (ta) 02 July 2012
Thanks for the replies.But one curoius about one thing that I now understand that it is not possible to quash the case.But this case has alreday been transferrde to high court for which I can see update on calcutta high court site.So will this case be transferred to trial court or high court can give some order whether this is legal /not legal.By legal/not legal I mean to say that the girl is eligible to get the alimony since my brother is not employed at this moment.
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