Legal Question in Family Law in India

Due to Dowry harrasement by my in-laws we called police and they referred the case to the Woman Cell. In Woman Cell I gave the list of articles lying with the boy and he admitted some of them while most of the Jewellery articles he said that the girl (I) took away while leaving the matrimonial home.

Now I gave a written statement that whatever has been admitted at least should be returned back to me and boy gave a written statement in Woman cell that he would bring the items on the next date is Woman Cell.

However he did not bring any items on next date and then I again gave a written statement that the boy did not bring the items as he commited and teh items be brought to woman cell. The boy again gave a written statement that he will bring the items in the next date but failed to do again. This happened 3-4 times and the Woman cell sent a written notice to the boy also to bring the items but he did not bring the same.

After that FIR was launched by Woman Cell and boy filed an anticipatory bail. On the first date the judge ordered the boy to bring all the admitted list of items and he gave back to me teh admitted list of items. Now the debate is going on the disputed items (Not admitted by the boy)

Now my question is that isn't it a crime directly in front of law where he did not returned back at least the admitted list of items for almost 2 months despite the fact that I requested for them in written. Can he get anticipatory bail now ?? Will court entertain the written statement given in Woman Cell ??


Asked on 8/10/09, 11:42 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

the court would certainly take into consideration the demeanour of your husband but nowadays courts are liberal in granting anticipatory bail in 498a case. it is advisable that you also file a complaint under domestic violence act so that you get compensation and maintenance as well. in case you want residence order, you may get that also under the act.

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Answered on 8/10/09, 1:09 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

I agree with the above opinion.

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Answered on 8/10/09, 4:41 pm


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