Challenging recovery of Streedhan.
Pradip R.
(Querist) 14 October 2018
This query is : Resolved
Dear Sir,
My wife filed a false FIR against me, my parents and relatives under section 498A, 406, 354 and D.V. 3 and 4. Currently I am out of country for job.
Sessions court issued anticipatory bail to my parents and relatives on the condition that we return Stridhan articles to her. We are willing to return the same but my wife's family informed police that they refuse to take articles until gold ornaments are also given. My wife has already taken away bulk of the ornaments when she left home and the remaining we have opted to return. Now they want more and even included items gifted to me during marriage but we still decided to return everything .
I want to know if our bail application can be rejected if they inform court that full recovery of Stridhan has not taken place and how do we defend ourself against this step? What will be the duty of our lawyer in this respect?
Pradip R.
(Querist) 14 October 2018
Refusing to take back Streedhan with conditions.
Guest
(Expert) 14 October 2018
Any reason for you to believe that your lawyer would follow the different variety of suggestions and advice of the experts through you?
First ask your lawyer how he plans to handle your case. Then discuss your lawyer's opinion and plan to seek the advice of experts, as each of the experts may have different opinions on his plan.
Otherwise, if your own lawyer feels any difficulty, he should come forward with any such problemthat he may not be able to handle at his own.
Vijay Raj Mahajan
(Expert) 14 October 2018
Prepare list of all articles which are in your possession that belongs to your wife and bring those in the Police Station to be handed over to the wife in presence of the Police officers incharge of the case.
If you are not having any if the gold ornaments of your wife tell clearl about that, onus to prove those are in your possession is on your wife and to get it recovered from your possession is that of Police IO. If these are not with you from these will be recovered, that's common sense.
No bail will not be cancelled if you cooperate with the Police and Court to your maximum capability so do it.
Dr J C Vashista
(Expert) 15 October 2018
You must have faith in your lawyer who has successfully managed anticipatory bail for your family members and yourself "abroad".
If you have lost faith in him/her (your lawyer) change him/her immediately but do not rely upon obligation of experts on this platform, despite the fact it is available FREE OF COST, but it has to be on the basis of limited information/facts posted by you accordingly bound to be different to real circumstances.
Pradip R.
(Querist) 15 October 2018
Thank you all for your valuable inputs. I would like to clarify that my wife mentioned she will not take back Streedhan unless everything mentioned in her list ( including and especially gold ornaments ) are handed over by us.
We decided to deliver everything to her even the ones gifted to me by her family (even though its not Streedhan) along with a few ornaments lying here and there in our house that belongs to her but she specifically mentioned a few other gold ornaments which she had taken away with her and is saying that she has bills for the same.
Does having bills prove that we have the ornaments in our possession?
Now how to convince police about the same? What if she decides not to take back her items and complains in court that full Streedhan not recovered?
Also I havent applied for a bail as I am outside India. So when I return can I be arrested if I go to Police station to cooperate with them before applying for bail?
Vijay Raj Mahajan
(Expert) 15 October 2018
You don't have to convince the police, she has to prove with evidence that those ornaments belongs to her and in your possession, if police unable to recover these from your possession, her case fail not your.
The accused is not to prove his innocence the prosecution has to prove him guilty, didn't you expert lawyer tell you this?
Pradip R.
(Querist) 16 October 2018
The thing is that Police is trying to contact my wife's family to come and collect the Streedhan so that they can make a Seizure list but my wife's family is intentionally not picking up call and I think they will not respond untill the court's deadline for handing over the Steeedhan is over. Meanwhile Police is mentioning that if they will not come to verify then Police will write down that they have not been able to recover full Streedhan from us which is completely false. Meanwhile my family has informed police to collect the Streedhan on two occassions through Registered post but police haven't responded to them. So my question is if now my wife's family decides to move to court and bribes the police in saying that Husband's family never turned up to hand over Stridhan, will the two letters posted by us hold any advantage for my family? Also we have proper receipt from Movers and Packers and written letter mentioning the date and details of the transportation of Streedhan. Currently the Streedhan is in their godown for which we are paying rent perday and have receipt of the same. Will these document do any good in our favour? Kindly guide.
KISHAN DUTT KALASKAR
(Expert) 17 October 2018
Dear Madam,
Move anticipatory bail telling the Court about the truth and express your intension to return the remaining ornaments and further request the Court to receive the same and keep in Court Custody. Such bonafide attempts avoid future complications and you will get anticipatory bail.
Please mark “LIKE” if satisfied by my answer.
Pradip R.
(Querist) 21 October 2018
Continuing the above thread, my parents went to Police Station to submit Steeedhan but my wife's family refused to take the same from police and also Politically pressurised the police to refuse to take the Streedhan from us. They even tried to arrest my parents by showing police some voice recordings which have been edited and only contains our side of conversation. They even threatened to produce the same and some other edited video clips in court to get the conditional bail cancelled and ask the court to pressurise the police to arrest my parents to recover remaining Streedhan. My question is is such edited voice clips without any authenticity allowed before Judge to cancel bail? Can the court order police to arrest my parents and torture them to recover Streedhan?
My parents have already emailed to police station that very day expressing their desire to return Streedhan and also mentioned that twice before they have tried to return Streedhan through speed post but police didn't accept it. So can these letters and email hold any weightage in our favour in front of Judge to avoid bail getting canceled?
Pradip R.
(Querist) 21 October 2018
Continuing the above thread, my parents went to Police Station to submit Steeedhan but my wife's family refused to take the same from police and also Politically pressurised the police to refuse to take the Streedhan from us. They even tried to arrest my parents by showing police some voice recordings which have been edited and only contains our side of conversation. They even threatened to produce the same and some other edited video clips in court to get the conditional bail cancelled and ask the court to pressurise the police to arrest my parents to recover remaining Streedhan. My question is is such edited voice clips without any authenticity allowed before Judge to cancel bail? Can the court order police to arrest my parents and torture them to recover Streedhan?
My parents have already emailed to police station that very day expressing their desire to return Streedhan and also mentioned that twice before they have tried to return Streedhan through speed post but police didn't accept it. So can these letters and email hold any weightage in our favour in front of Judge to avoid bail getting canceled?
Pradip R.
(Querist) 21 October 2018
Continuing the above thread, my parents went to Police Station to submit Steeedhan but my wife's family refused to take the same from police and also Politically pressurised the police to refuse to take the Streedhan from us. They even tried to arrest my parents by showing police some voice recordings which have been edited and only contains our side of conversation. They even threatened to produce the same and some other edited video clips in court to get the conditional bail cancelled and ask the court to pressurise the police to arrest my parents to recover remaining Streedhan. My question is is such edited voice clips without any authenticity allowed before Judge to cancel bail? Can the court order police to arrest my parents and torture them to recover Streedhan?
My parents have already emailed to police station that very day expressing their desire to return Streedhan and also mentioned that twice before they have tried to return Streedhan through speed post but police didn't accept it. So can these letters and email hold any weightage in our favour in front of Judge to avoid bail getting canceled?
Pradip R.
(Querist) 21 October 2018
Continuing the above thread, my parents went to Police Station to submit Steeedhan but my wife's family refused to take the same from police and also Politically pressurised the police to refuse to take the Streedhan from us. They even tried to arrest my parents by showing police some voice recordings which have been edited and only contains our side of conversation. They even threatened to produce the same and some other edited video clips in court to get the conditional bail cancelled and ask the court to pressurise the police to arrest my parents to recover remaining Streedhan. My question is is such edited voice clips without any authenticity allowed before Judge to cancel bail? Can the court order police to arrest my parents and torture them to recover Streedhan?
My parents have already emailed to police station that very day expressing their desire to return Streedhan and also mentioned that twice before they have tried to return Streedhan through speed post but police didn't accept it. So can these letters and email hold any weightage in our favour in front of Judge to avoid bail getting canceled?
Pradip R.
(Querist) 01 November 2018
How will i know before marriage that this woman was so dangerous?
Pradip R.
(Querist) 01 November 2018
If my wife may claim my flat as a part of maintainance, can I gift it to my elderly parents to avoid losing my flat to my wife?
