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preeti (Asst Manager)     06 June 2010

Plz help

Hello,

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 reatured back saying he is not living here.

Plz advice wht should be done in this case from wife's point of view?

thanks



Learning

 8 Replies

adv. rajeev ( rajoo ) (practicing advocate)     06 June 2010

498a is criminal case, how come cout put a condition to pay Rs.5000/- maintenance.  It is entirely different procedure and such an order cannot be passed.

file an application for proclamation. 

If mainenanace is awarded in cri., miscelleneous case then go for attachment of his properties.

preeti (Asst Manager)     06 June 2010

Yes High court of delhi has passed this order after reviweing the unethical behaviour of husband to derogate his wife in public. district court has also dismissed his bail on the gounds of his bad conduct. since he is non treaceable now wht should be the next step.

Arvind Singh Chauhan (advocate)     06 June 2010

I am also astonished about such order by HC. To compell his appearance follow Mr. Rajeev's advice.

preeti (Asst Manager)     07 June 2010

Thanks to all of you for reverting. however, as usual husband has transferred his property in his parents name and they have disowned him so tht no liability can be put on them. wht can be done now?


(Guest)

1. S. 498a IPC case will take its own course with proclaimation notice upon HIM during the trial if he fails to appear.  
2. Since the properties are transferred Court may not have much of say in recovery proceedings therein.
3. best is to hire detective and bound him to appear wither at PS or before concerned Court that is the only option you are left with now.
BTW, who else are alleged to have been made party in S. 498a IPC case?
Rgds

preeti (Asst Manager)     08 June 2010

Its only the husband who is the party in 498a. however since he has stopped sending the maintenance and also he is absconding so can we apeal in high court again to cancel his bail.


(Guest)

1. Yes, bail concelation could be plead for at this stage. I think at trail court this could be done. Double check this with your Advocate and also educate me on this step for my knowledge.

But what will be the scene afterwards ! ?
 


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