Section 9 of hindu marriage act
DR ISHWER TAYAL
(Querist) 08 August 2012
This query is : Resolved
MY SISTER HAS REGISTERED A FIR U/S 498-A, 323, 506, 406 IPC ON 25/07/2012 AGAINST HER HUSBAND AND MOTHER IN LAW ONLY AND BOTH OF THEM HIRED A SENIOR ADVOCATE IN HIGH COURT AND SECURED INTERIM BAIL AFTER REJECTION FROM SESSION AND HIGH COURT JUDJE DIVERTED THE CASE TO MEDIATION CENTER STATING THAT SHE LEFT HOME AFTER SOME MISUNDERSTANDING AND THE ALLEGATIONS ARE NOT OF SERIOUS NATURE. SHE WAS 7 MONTH PREGNANT WHEN ASSAULTED BY HER IN LAWS AND THROWN OUT OF HER MATRIMONIAL HOUSE FOR THE WANT OF DOWRY AND IS HAVING A 2 YRS OLD MALE CHILD TO SUPPORT AND RECOVERING FROM SEVERE MENTAL AND PHYSICAL TORTURE SUPPORTED BY MEDICAL EVIDENCES, AND WAS TOLERATING FOR THE LAST 3 YRS...AND HER ALLEGATIONS WERE FOUND TO BE VERY SPECIFIC AND OF VERY SERIOUS NATURE BY THE SESSION JUDGE WHILE REJECTING THE BAIL PLEA. SHE REJECTED THE OFFER MADE BY HER HUSBAND TO COME BACK TO MATRIMONIAL HOUSE IN MEDIATION CENTER. MEDIATION CENTER TOLD HER TO SEEK COMPENSATION IF SHE IS NOT INTERESTED IN CARRYING THIS RELATIONSHIP ANY MORE AND FIXED ANOTHER DATE FOR THE SAME. HER HUSBAND TOOK PLEA OF THE SAME IN HIGH COURT HEARING FOR BAIL PLEA THAT HIS CASE IS IN MEDIATION CENTER SO BAIL BE GRANTED. DATE FOR ARGUMENTATION ON BAIL IS FIXED GIVING 1 MONTH MORE TIME TO HER IN LAWS. NO ARREST EVER MADE IN THIS CASE. NO SIGNIFICANT RECOVERY OF DOWRY ARTICLES MADE SO FAR. KINDLY SUGGEST'-
1. IF ITS NORMAL TO GRANT INTERIM BAIL TO A HUSBAND OR/ AND MOTHER IN LAW.
2. WHAT ARE THE CHANCES OF REJECTION OF BAIL AT HIGH COURT OF MOTHER IN LAW AND HUSBAND.
3. SHOULD SHE TAKE A LUMSUM AMOUNT IF HER HUSBAND OFFERS (WHICH HAS NOT BEEN DONE SO FAR)OR FIGHT THE CASE IN COURT WHATEVER IS THE RESULT.
THANX
Adv.R.P.Chugh
(Expert) 08 August 2012
Dear Mr.Tayal,
1. You indeed are going through a tumultous time, support your sister right till the end, on the legal side they have filed the RCR (S.9) to mitiate the effects of your 498A case, by trying to project themselves as people who always wanted to save the marriage and stuff, but in view of their concealment and timing of their peitition it won't really help them much. S.9 is also filed normally to help avoid maintenance.
2. Your sister need not go, file a vakalatnama through your advocate who would contest this petition. If it has been filed in a different state you can get this transferred to your state via the Supreme Court.
DR ISHWER TAYAL
(Querist) 13 August 2012
IF AN APPLICATION CAN BE MOVED TO CHANGE THE JUDGE OF HIGH COURT WHO IS TO AWARD ANTICIPATORY BAIL TO THE APPLICANT? IF YES THAN HOW? IF IT CAN ADVERSELY EFFECT THE CASE IN ANY WAY?
