LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ramesh Kumar (none)     03 August 2014

Very illogical condition for ab from hc

Hi All,

I got married in jan 2012, my wife filed a false 498a against on nov 2012, against my me, my parents, and my brothers. Everyone except me got bail from civil court Feb. 2014. For my bail I applied in Patna High Court. Last week I got my bail on a very illogical condition that I have to pay Rs 10,000  to my wife till the end of the case.

Statement in High court was as follows.

 

1.     I am ready to bring my wife to my home.

2.     My wife stated that she doesn`t want to come to her matrimonial home.

3.     Wife stated that from starting of marriage I am jobless. Which I was and till date I am not having any job.

4.     I left my pvt. Job after two months after marriage and due to case I am dragged to my hometown and jobless.

5.     I am staying with my pensioner parents at my hometown.

 

I am really confused what should I do now? Right now I am jobless and I am not able to pay even a penny to my wife. On asking advocates some said to file a revise petition in the HC , some says to go to the SC from where I will get a stay on this order from HC. I am really confused what should I do. I kindly request you all to please give advice suitable to this situation 

Please Advice 

Ramesh



Learning

 10 Replies

Laxmi Kant Joshi (Advocate )     03 August 2014

File a review petition before the same bench of the high court and state your condition not in the position to pay such a huge amount as maintenance, or you may approach sc directly against the hc order .

Ramesh Kumar (none)     03 August 2014

Laxmi ji, thanks for the reply...

 

i stay in a small hometown in bihar, don't have any source or knowledge for a good SC lawyer if any one can advise me from SC for this purpose with details.

 

also looking for your phone number pls PM me  

 

Please help me... 

Ramesh

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     03 August 2014


As I said in the link bellow, and Mr. Lasmi Kant Joshi said,

Please file a review petition in the same bench in-person (Without Advocate).

https://www.lawyersclubindia.com/forum/Huge-cost-for-bail-in-hc-10000-p-m-to-wife-in-false-498-106621.asp#.U94viaOm9dg

 

Please see my link bellow for sample petition.

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Kumar Doab (FIN)     03 August 2014

You may follow the advise of members/experts.

 

If you wish to avail the services of a lawyer thru LCI databank you can conduct search at:

https://www.lawyersclubindia.com/lawyers_search/#.U95PxeOSwb8


You shall have to settle T&C with lawyer on your own.

It shall be the prerogative and discretion of the lawyer to counsel you.


Your near and dear ones can also guide you to a competent lawyer specializing in such cases.
 

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 August 2014

Ramesh Ji,

 

Please write the complete lines as mentioned in the order. If the order mentions that the husband has agreed to pay Rs. 10,000/- then you can not challange this order.

 

 

Regards,

 

If you don't fight for what you want, don't cry for what you LOST.

 

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     04 August 2014

ha ha ha ! :P

 

Maintenance can always be altered on proof of the present financial condition. Please see CrPC 127.

Please make a review petition by mentioning your present financial condition with proof (Like you release letter)

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 August 2014

This maintenance order is a condition for bail Rocky. It is not in any maintenance case. How is CrPC 127 applicable as an independent remedy.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     05 August 2014

High Court can not order such a way that a person will be bankrupt. His present financial condition is not highlighted properly by the corrupted lawyer. This order is a condition for AB as well as maintenance.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     05 August 2014

His lawyer should not tell like "I am ready to bring my wife to my home." rather he should state proper arguments like -

 

"Bail is rule, jail is an exception, Hence putting the accused in jail without trial is an abuse of law" and other arguments as per the case.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     05 August 2014

More over these 5 points have not merit to grant AB.

This thing happened due to incompetent and corrupted lawyer.

 

@ Mr. Kumar, This time I request you to file in-person for your review petition. Please PM me of some more tips.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading