Wife of respondent No.1 has sought cancellation of bail granted to the respondent No.1 by order dated 20th October 2010, subject to certain conditions, namely:
"2. On the condition that the petitioner deposits a sum of Rs.50,000/- before the concerned Family Court, latest by 22nd October, 2010 and further deposits a sum of Rs.30,000/- on 1st November 2010, and thereafter, continues to deposit Rs.30,000/- every month, till the entire arrear is cleared, he shall be released on bail forthwith.
3. Above payments shall be in addition to the regular monthly maintenance payable to the wife, respondent No.2 herein, as directed by order dated 06.07.2010."
It is stated that husband did not abide by such conditions and has not cleared the arrears. Previously, I had called for report of the learned Family Court whether the husband has cleared all arrears of maintenance and in response to which report dated 18.12.2011 has been received, in which it is stated that husband is in arrears of Rs.1,33,500.
Respondent No.1 is appearing in person. He is, however, not regular in appearing before the Court. On 23rd December 2011, I had noted his absence and further noted that previously also, he did not remain present. It was, thereupon recorded that if on the next date of hearing, he does not remain present, I may issue warrant for securing his presence. Today also though I waited for the entire second half, he did not appear.
S.O.
to 3rd February 2012. Issue bailable warrant of Rs.5,000/- on respondent No.1 to secure his presence before the Court on 3rd February 2012. This order shall be executed by Kalol Taluka Police Station.
(Akil Kureshi J.) (vjn) Top