• Anticipatary bail granted but yet have not taken bail

I have filed two case against my husband one is under 498A and other is for maintenance. 
But, 4 months ago District judge had passed an order for the anticipatary bail of my husband with two sureties.
ONE, i will stay in the home purchased by him with my one minor son and one minor daughter. My husband has done second marriage and he is a govt of Uttar pradedh employee. 
SECOND, he will give me 15000 per month for the educational maintanence for my children.
 The order was accepted by my husband on the same date. ( i have original copy of order as well as his acceptance stamp with his signature ). After one month of the passed order ,he filed a petition in the same court for relaxation in the SURITIES but the court disposed the petition and directed him to clear all money and take bail within 15 days. More than one month has passed there is no action from him or from court. As per my knowledge he has applied in the high court of patna. What are the legal ways for me.?
And second problem is he has filed a case in U.P. district court through police FIR few months ago under section 323 and 504 against my elder son (he is preparing for IAS). My husband is a religious teacher , many people believe him with closed eyes. He is influential too as he possess religious knowledge and show fear of god.

Please help me out ....
Asked 7 years ago in Family Law
Religion: Muslim

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8 Answers

1) wait for Patna HC to pass orders on appeal filed by husband

2) your son should contest case filed by your husband . Apply for and obtain bail from court

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

Dear .......

According to your words..you have to file the caveat in patna high court ..to oppose the bail ...against your brother matter....you can file the quash petition in high court.......

Best Regards

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

1. You must appear in the high court, Patna and oppose his bail prayer on the ground of non compliance of condition of bail. Alternatively you can ask for stricter imposition of condition in the event the court proceeds to allow him on bail.

2. The case filed against your elder son seems to be an outcome of vendetta and a counter blast of your 498A case. In that context your son should challenge it in high court u/s 482 of crpc in quashing.

3. The high court even if does not allow the quashing may order analogous of both cases together in the same court.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1. Since he has moved the HC to challenge the order of Sessions Court which had refused to relax the conditions precedent to which he was to be granted bail you should contest the petition filed by him in the HC. As the complainant you have the right to oppose his petition.

2. Your elder son who has been named as accused in the FIR should apply for bail and then prove his innocence at the trial or move the High Court for quashing.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) if case is pending before HIgh court district court would not pass any orders during pendency of appeal if any stay order is granted by HC

2) you should wait for service of notice by HC

3) you can file petition for quashing in Allahabad HC on basis of FIR filed in UP

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. You will not get the notice if you have not been made a party in the quashing petition. So engage a lawyer and field him in the HC on the next date of hearing.

2. Your son is free to move the HC for the quashing of FIR but the petition can be filed only after the cognizance has been taken by the magistrate.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If he had been granted anticipatory bail, with conditions, he has to comply with the conditions and get enlarged on regular bail within 15 days of the orders passed.

If has not done that then he may have to apply for bail once again before high court.

In the meantime you may approach police to arrest and remand him on the basis of FIR since he has no bail granted on his name.

For the cases filed against your son,he has to challenge the same on merits.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

The next upcoming date of this case in district court is 02/01/2017. Can the court issue warrent on the basis that he has not fulfilled demands on stipulated time. Is there any time limit in challenging the district court order in high court.

You can file an intervene petition and record your objection and strongly protest this application seeking quashing of 498a case.

The court will not consider his petition for the reason that he has not complied with the condition for grant of bail but you should mention the same in the intervene petition.

For not complying with the conditions for grant of bail, the police only has to initiate suitable action to arresting or remanding him.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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