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Domestic violence and dowry

(Querist) 16 July 2016 This query is : Resolved 
My husband and his family have harrased me for money. My husband has often resorted to hitting. A huge amount of dowry was given at the time of marriage about 5 years back.
They are in posswof my jewellery.
My husband is producing supreme Court judgement preventing arrest under 498a.
I however have recording of admission of my husband taking dowry and pictures of marriage in which dowry is being given to parents and family.
Can the husband and parents be arrested in compliance with section 41 of crpc which says if there is proof then arrests can be made?
Also i lost my father at a young age. My uncle has filed a complaint in punjab against my husband. But he has taken anticipatory bail order from bombay high court against arrest in punjab. However punjab police should come under the jurisdiction of punjab high court. Is the order valid? Further he has managed to get a typographical error in the aba order and the order states aba is valid for over a year. Is there anyway I get the order rectified?
Shraddha (Querist) 16 July 2016
Plz guide
Shraddha (Querist) 16 July 2016
Plz guide
Shonee Kapoor (Expert) 16 July 2016
Actually he has got the Transit Bail, which would be valid for a limited period.

But why do you want to get him arrested at this time.

I am not raising any aspersions on your story, but why don't you produce all the proofs and get him convicted. The key would be to run trial fast and not run around the courts challenging every order which would delay your own case.

Regards,

Shonee Kapoor
www.shoneekapoor.com
Shraddha (Querist) 17 July 2016
Exactly the bail should be valid for a limited period. However there is a typographical error in the order which makes it valid for 1year.But since I have not received the copy of my order, only my husband has shown it to me can i get it rectified?
As on date police has not registered fir. Again can subject to sufficeint prrofs being there, should they be presented to the police. Are there arrests being made in 498a as on date if the case can be proved genuine.
Sudhir Kumar, Advocate (Expert) 17 July 2016
You have not stated what exactly are working or the order and how do you think there is typing error.

You are also not clear whether you applied for modification / cancellation of bail because he is not joining the case at Punjab.

You have also not stated whether it is stay against arrest or stay against the trial.



You are also not clear which SC judgement he is quoting. Supreme court has for bidden arbitrary arrest. The court has not put any blanket ban on arrest and the dowry related torture is not legalised in any way.

R.K Nanda (Expert) 17 July 2016
Nothing to add.
R.K Nanda (Expert) 17 July 2016
Nothing to add.
Shonee Kapoor (Expert) 17 July 2016
How can you be certain that there is a typographical error and the court has actually not given bail for ONE YEAR?

Is this speculation or you have some specific knowledge on the same?

Arrest is different than Bail. Even in the absence of Bail, it is not necessary for police to effect arrest in 498a.

Regards,

Shonee Kapoor
www.shoneekapoor.com
Rajendra K Goyal (Expert) 17 July 2016
Full material facts not disclosed. All documents need to be referred. Show all case related documents to your lawyer and discuss in detail.
adv.bharat @ PUNE (Expert) 17 July 2016
author need to answer query raised by expert.
P. Venu (Expert) 18 July 2016
The query lacks clarity. Moreover, the author appears to be 'concerned' about her husband than herself.


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