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
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 10 years ago in Criminal Law
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21 Answers
Sur Sir, both are different cases. But he is not appearing for the DV case what is the best possible solution
Asked 10 years ago
if he is not appearing ,then the court him self issue his non bailable warrants for his arrest
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.
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.
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. .
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.
2) It is submitted across the bar that the investigating agency has filed charge-sheet on 23/10/2013. The condition to report once in a month after filing charge-sheet is recalled and modified as follows. (i) The applicant shall give his cellphone number and the office land line number to the investigating agency. (ii) Before leaving Mumbai, he shall inform the investigating officer the place to which he is travelling and also give his itinerary to the investigating officer. (iii) Applicant shall deposit his passport to the investigating officer and report to the investigating officer as and when called. Application stands disposed off. Above is the bail relaxation condition for my Husband from Mumbai High Court. When I inquired the Police, if my husband has submitted the passport, he said that it is not required.
Asked 10 years ago
it should have been deposited if there is direction of court
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.
If I need any details of my husband should the police i.e the investigating officer give or deny me his information. The investigating officer always informs me that, he is not aware of the status of the Case as the charge sheet has been filed and the court will take care of it.
Asked 10 years ago
since chage sheet has been filed ,wait for the trial to begun and raise the issue with the court
Either give his address or prove that he is avoiding. Also request the Court for publication.
For the bigamy case filed in Mumbai, I am waiting for trial. But I have filed a DV case at my native place and a non-bailable warrant has been issued for him. My husband is very well aware of every move I am making. He is always on move. When asked the Mumbai police about his whereabouts, I am not receiving any proper reply. Hence, I am unable to assist the local police with his info. Also may I know how useful will be the habeas corpus law. It has already been a year and still my husband is enjoying his life with someone else without any responsibilities.
Asked 10 years ago
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.
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.
do not worry its a matter of time
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
What will happen if my husband still does not appear under section 82 ?
Asked 10 years ago
attachment of his properties
What will happen under section 82 and also he does not own any property
Asked 10 years ago
Then seek enforcement of warrant of arrest.
Please explain
Asked 10 years ago
already replied
You have been sufficiently advised. Contact a lawyer personally and seek further advice from him after paying his consultancy charges.
Sir, I am sorry to be annoying, but I already paid more than enough amount for a lawyer and not happy with the result. Hence, I have transferred the case to a Sr Lawyer. I am not trying to outsmart anyone, but just knowing if my case if following the suggestion or procedure said.
Asked 10 years ago
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.
a advocate can only make efforts for you
Thank you, for your time, patience and support
Asked 10 years ago
my plesure