My husband came to my parents house where i was staying with my kids since one year and did maarpeet.I have MLC's of my brother and father.I could lodge an FIR (498A,323,325,504,506) after 15hrs speaking to SP because my husband has lured the local POlice and no SHO was not lodging my complaint.Thereafter i filed a caveat in Allahabad high court and also followed up with Police for his arrest which was already bribed by my husband.my husband filed a writ petition in high court and got an order mentioning Amrawati and kalmahendru's case wherein he had to surrender in lower court within 30 days in the meanwhile IO moved the file in mediation and I refused in mediation and asked for investigation in my FIR.after 25 days my husband surrendered and got interim bail for 14 days without any hearing in the district court.After 14 days he again surrendered and it was a strike of advocates on that day so nothing happened and again a date was given.I would like to know is this the right procedure or i am being misguided by police and lawyers.As a complainant i have made certain points of objections which i want to tell the judge in hearing for rejection of bail.Please suggest the best in this case and also let me know if my case is going in right direction.
Asked in Criminal Law from Greater Noida, Uttar Pradesh
As a defacto complainant, you have a right to object to his release on bail owing to the facts of your sufferings and other issues related to the crime. You can file an intervene petition to implead yourself as a party to the bail application and record your objection to enlarge him on bail. You may file an affidavit also to this effect and if your lawyer is not cooperating or demanding huge amount for this, you may appear as a party in person before the court on the date of hearing of bail and submit this application and can make yor representations yourself. You are certain to get justice.
One more thing i have two kids 5 and 3 years old.I am a CA and is working can I get the maintenance for my kids and how can i get my stri dhan kept with him.
Asked 1 year ago
You can very well apply for maintenance for your kids, he is bound to provide maintenance amount due to the legal bondage called wedding with you. You can also file a petition before family court under section 27 HMA for return of your properties held by him or can file a complaint with the police under section 406 IPC demanding your streedhan properties.
1. You are in right track. However if you are not confident of your current lawyer then you change him.
2. For getting maintenance you have to file separate case under PWDV Act or u/s 125 crpc.
3. You can oppose the bail petition filed by her husband. However in current tread he will get bail in all likelihood.
1. There does not seem to be any violation of the procedural law in your case. The HC had ordered your husband to surrender within 30 days, a direction which he complied with, whereupon he was given bail for 14 days.
2. The court has the authority to make his interim bail permanent.
3. If he is eventually granted bail then you can move the HC for cancellation of his bail. To stop him from getting bail you can engage a lawyer of your own to oppose his bail when the case comes up for final hearing in the court.
4. Your kids can get maintenance as it is the inescapable liability of their father to support them financially.
5. To recover your stridhan you are required to file a separate case for recovery of stridhan in the court.