Wife has filed false DV/498A cases against Husband. For the husband, the anticipatory bail approved by the High Court is subject to him making a fixed deposit in favour of his minor daughter for Rs xx lakhs (double digits) with both mother and father as nominees. The order states that the interest accrued cannot be used for ongoing/regular expenses of the daughter and the interest has to be added back to the FD. The FD has to be placed with the Investigating officer. This is in addition to the surety bonds to be submitted by the husband.
The order does not state how long the FD has to be maintained, who will operate it (mother or father) and the purpose/use of end proceeds. There are separate two cases filed by the wife (working Class I gazetted officer) seeking maintainence and compensation for herself and for her daughter. Since the HC order says the interest on the FD cannot be used for the current regular expenses of the child, the same cannot be taken into account while determing how much monthly maintainence has to be paid for the child - so for the husband, it is a double hit because he has to pay for the monthly maintainence as well as he does not get any benefit of the interest earned on the FD, which is also a huge amount. Plus, there is sudden cash outgo on account of this FD, in addition to his regular expenses, litigation costs, maintainence payments etc. Husband has only salary as source of income and has to also support his old and ailing parents.
Also, there is a risk the mother can misuse the funds claiming it is for welfare of the daughter.
The questions are:
1) Can husband seek a review of this condition to get some relief either as a lower amount or at least interest should be allowed for regular expenses for the child.
2)Can he ask for the HC to specify the purpose for which the funds can be utilised and at what age? How long should the FD be maintained?
3) How can he ensure that funds are not misused/mis appropriated by the mother? Since child is in mother's custody, will mother be considered as legal guardian and will she have access to the funds?
4) Husband would like to be part of decision on how and when funds are used. How can he ensure that?
Thanks,
