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Is bail necessary before summon date and do we need to file alimony
22-May-2023 (In Criminal Law)
My sister is married for 14 years and has a son. She has been subjected to domestic violence, physical torture and in 2014 filed a FIR and my brother in law was charged with 498A/494/506/34. There was a separation for a year, but in 2015 things improved and my sister went back to in laws for staying together. This lasted for a year and abuses again erupted.In Dec 2016, she was again tortured and forced to come back to parental home .Now her husband and father in law both has filed a case with 294/323/325/341/352/379/506 and my sister received a summon to appear in court. My question: Do I need to get bail for my sister before the summon date? Will my sister has to face session court hearing and investigation? can we apply quashing of the complaint case at high court before summon? Does she need to file alimony or domestic violence case again? Religion Hindu
Sir, you have a lot of questions. As far as 325 and 379 is concerned, we have to see the allegations. It would be appropriate, if I see the FIR copy. Yes in case the allegations are serious, you will need a bail and so also you can file a petition for quashing.
Regards
Regards
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Adv. Ramesh Agarwal
Cuttack | 100+ Answers
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DV Act case is must for alimony & maintainance for her or any child.This case before summon enquire next dt in that court.You may surrender and apply bail furnishing a bailor or bond.File multiple cases &FIR against her husband.
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Adv. Samar Pratap Mohanty
Cuttack | 100+ Answers
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Yes u need to get bail after receiving the summons from the court all the sections except 379 are bailable in nature. After obtaining bail u can move for quashing the fir to your concerned high court.
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Adv. Rajendra Kumar Senapati
Rayagada | 100+ Answers
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Bail is necessary if summon was issued by the court. You will grant anticipatory bail under the provisions of criminal procedure code.as well as you are advise to file counter for against them and claim for maintenance
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Adv. Durga Prasad Jena
Cuttack | 200+ Answers
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Primary facie all the offences except 379ipc are bailable , and also seems to be a fit case for appeal before your High Court for quashing, but it depends upon the stage of investigation.
At the same time your sister can take shelter of appropriate court for a relief against the alleged domestic violence and cruelty, and your sister may demand maintainance from her husband for herself and her child in appropriate court.
Better consult an advocate.
At the same time your sister can take shelter of appropriate court for a relief against the alleged domestic violence and cruelty, and your sister may demand maintainance from her husband for herself and her child in appropriate court.
Better consult an advocate.
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Adv. Deepak Kumar Panda
Cuttack | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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