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Unknown blogger (ABC)     05 April 2015

Ab

Dear Experts. 

FIR is registered on my brother and mother, under sections 498A, 312, 313 and 34 as per the accusations made by my brothers wife. Mariage took place in MUmbai on 22.02.2014 and girl left our house on 23.06.2014. She stayed for 4 months only.

We applied for AB in sessions court, we got interim bail until second hearing, and Honourable Judge instructed police to produce girl in second hearing. During second hearing girl came to sessions court, and she stand in witness box and told Judge that she wants to punish us. Judge gave interim bail till third hearing which will be held on 21.04.2015 and meanwhile ordered for counselling for which girl said NO on the spot, but Honourable Judge insisted for counselling.

Counselling happened on 04.04.2015, but we were told that counselling will happen between us and girl. Both sides lawyers will be present at the same time. But girl didnt bring her lawyer, hence counselor took her father during counselling and told my mother to sit out side counselling room. Then after 5 minutes counselor send my brother to out of the room and then counselling took place for girl and her father and our lawyer was present during that counseling, which lasted during 1.50 hrs. 

After completion of counseling we requested our lawyer that we also want to meet counselor to make him understand our situation, but counselor refused saying no need for that i will produce my report. 

As per our lawyer, couselling was absolute failure and he told us that counseller will give -ve report as girl side was, more of girls father was not ready for settelment.

Now my questions are

1. Without involving us how counselling happened.

2. Can -ve report from  counsellor affects the Bail application and bail gets rejected.

3. Can we voice out this that we were not part of the couselling during AB trial on 21.04.2014



Learning

 8 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     06 April 2015

It seems to me that your lawyer is misleading you.

 

Both party should be present in the counseling.

 

She came without lawyer. You should also present without lawyer. Please meet with that counselor personally and explain the situation.

 

If he refuses than make private complain against both her and that counselor in the same court.

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

SAINATH DEVALLA (LEGAL CONSULTANT)     06 April 2015

Answers to UR questions:

1. No

2.Yes

3. Yes

Unknown blogger (ABC)     06 April 2015

But what kind of report counselor will submit. I mean he needs to mention that girls side is not ready for settlement. I she supposed to record his observations that girl side is innocent or something like that

Unknown blogger (ABC)     06 April 2015

I mean to say can he mention that, i feel girl side is innocent, from their arguements i find that girl is really harmed.

is the counselor supposed to make such kind of statements. 

SAINATH DEVALLA (LEGAL CONSULTANT)     07 April 2015

At the outset if the counselor is so adamant,wait till he submit his report and act accordingly

T. Kalaiselvan, Advocate (Advocate)     10 April 2015

Just dont worry about the counseling session and the report submitted thereon.   Since the court has pushed you to the counseling session, just remain silent and watch the developments.  What is your concern when she has not agreed for negotiations.  Let the case move on, this will not make any impact on  the bail application.

Unknown blogger (ABC)     10 April 2015

Thanks experts for the replies. What are the chances of getting AB in above charges, as miscarriage happened at girls home and not at our home

Unknown blogger (ABC)     21 April 2015

I am not advocate, also my name is not mentioned in FIR, can i stand for my brother and lead this case as the same in ABA stage. Is their any chance by which we can fight our case on our own. As in todays hearing our lawyer was not arguying to points where as girls advocate was a step above him. we are really feared by todays scenario.

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