Legal Question in Criminal Law in India
Dear Sudarshan Goel Sir,
I just wanted to add that i have taken the RO by Filing the Case under Domestice Voilance Act ( In Domestic Voilance Act also he has denied having any relations with me but i have all the evidenances in my favour ,the case is still pending whereas i have heard that the judgement under domestic voilance act comes within 60 days but it is still pending in the court &
Also i have got the maintenance order of Rs.500/- p.m. by filing the Case under 125 CPC against my husband. I just wanted to ask should i have to do something so that my husband get his punishement or law will take its own time th the govt lawyers as now the mediation process is over for the lodged FIR u/s 494/498A/506. My Husband is a powerful man i think he is managing this FIR somehow he might be getting the benefit of senior citizen also.
Sorry i am putting the same question again as it can give you the link to my question.
I have filed FIR u/s 494 /498A/506 of IPC against my husband (Ex Employee of Banaras Hindu University who is totally in controlled of his mistress and his two sons) on dated 29th December.2010 in a police station in UP.
On 11th January,2011 my husband my husband filed one petition at Allahabad High court for quashing the above mentioned FIR then it was transferred to Mediation Centre at Allahabad High Court .
When I come to know about it I approached the Mediation Centre at Allahabad and our mediation date was fixed on 21st August�2011. But unfortunately our Mediation was unsuccessful.
But till date my husband has not been arrested,I just wanted to know should I have to do something from myend as my husband is a powerful man and he is trying every means to get rid of me,but I have all the evidences in my favour that I am his real wife but he is denying this fact that he has no any relation with me.
Should I have to do something from myend so that I can get justice from court and he can be punished.I am a poor lady who has a boy who is working at a monthly salary of around 5000 ,we cant afford too much legal expenses but we are still fighting to get justice.
Will the law take it own steps and he will be arrested by the action taken by the Govt.lawyer,Please guide me.
1 Answer from Attorneys
Arrest may not be required. If he is not arrested by the police during investigation, the court may take a decision about his custody or bail after challan is presented. You may continue pursuing your remedies under D.V. laws.
The amount of maintenance appears to be too less. You may approach the next higher authority for enhancement of this amount.
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