• Need to cancel or modify bail relaxation

Sir/Madam
My husband has married another man's wife. Hence I have filed an FIR in Mumbai and DV in my native place. Currently, my hubby is on bail in Mumbai and has not appeared for DV at all. Therefore a warrant has been issued. The warrant issued to mumbai has returned stating that is his not available at the location. Here, the warrant is pending. My question is that, can I approach the Mumbai high court and for the above concern and ask him to appear the local court or modify his bail relaxation. If so, what is the section I need to use. Please help.
Asked 2 years ago in Criminal Law from chenn, Tamil Nadu
bail has been granted under 498A and 406 IPC ,so it can be cancelled only is he does not satisfy any condition mentioned in the bail ,it has no relevance with DV that is separate proceedings
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
if he is not appearing ,then the court him self issue his non bailable warrants for his arrest
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
You can approach in High Court for cancellation of bail,in Domestic Violence case if the accused is abscond then you can move for attachment of husband's property.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
You may approach the High Court for cancellation of his bail. You do not need to know the section as your lawyer will take care of it. If warrant has been returned unenforced then seek a non bailable warrant against him.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Has any order been passed against him so far in DV case? If no order has yet been passed then let it be passed by the court first, and thereafter you may seek a non bailable warrant against him whereupon police will be bound to arrest and produce him in the court. .
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Your husband is not complying with bail condition ,the concerened Court will automatically issue NBW against him,just remind the Court that he is misusing the condition of bail.
Soumya   Kundu
Advocate, Kolkata
50 Answers
0 Consultations
4.8 on 5.0
it should have been deposited if there is direction of court
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
The court has very clearly mandated in its order that he should deposit his passport to investigating officer. He has violated the court directions. It is preposterous of police to say that it is not required. Move HC for necessary reliefs.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
since chage sheet has been filed ,wait for the trial to begun and raise the issue with the court
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Either give his address or prove that he is avoiding. Also request the Court for publication.
Ranbir Singh Sharma
Advocate, Ghaziabad
15 Answers
6 Consultations
4.2 on 5.0
Investigating Officer is bound to furnish the information sought by you. He cannot abdicate his duty after the charge sheet has been filed. If he does not cooperate then seek the intervention of court.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
If a warrant of arrest has been issued against him then police is bound to arrest him. If it does not then it manifests indifference to judicial orders. You may move the HC to awaken comatose police officials to perform their duty.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
do not worry its a matter of time
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Dear Querist
when the NBW already issued by the court in which DV case is pending then you have to approach the court for start proceeding under section 82 of cr.pc.
in bigomy case after charge sheet court will also issue summon to him if he is not ready to appear before court then court may issue NBW against him and after that you can also file the same application before court for proceding under section 82 of cr.pc
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
attachment of his properties
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Then seek enforcement of warrant of arrest.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
already replied
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
You have been sufficiently advised. Contact a lawyer personally and seek further advice from him after paying his consultancy charges.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
You need to understand that no lawyer can guarantee a successful outcome. Which way the pendulum is going to swing in court cannot be foretold by any lawyer on earth. You have already engaged another lawyer as you were not satisfied with the result produced by your erstwhile lawyer, albeit this does not in any manner speak of lack of industry by your previous lawyer. Now let him take the case to a logical conclusion. The more lawyers you consult the more confused you will be. Litigation is a costly affair. If you still wish to have a second opinion respecting the legal recourse pursued by your newly appointed lawyer then approach a lawyer and acquaint him with all the facts after paying his consultancy charges. Free legal advice must stop at some point.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
a advocate can only make efforts for you
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
my plesure
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0

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