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(Guest)

Interim bail

Hi Guys,

Pls let me know the following::-

1 Me and my mom got Interim Bail from Punjab and Haryana High Court. Is this very common, i mean getting Interim bail & going in mediation is common. Does HC follow this process in every case or they can dismiss the petition or reject the bail on the very 1st day ?

2. I have 406 on me, what all complications can come in picture in this scenario ?

3. Girl not turning up in mediation and on the other hand her lawyer in HC said that girl want reconciliation and want to live her life and after coming out of court, they starts abisung me and mom.....

 

Can u guide me.



Learning

 10 Replies

Determined to get justice (Manager)     13 February 2013

Yes, it happens that court gives interim bail while husband and his family joins either the mediation or investigation. This is to protect you and your family from any sudden arrests. Final decision would be based on your conduct and co-operation with the procedures,authorities etc. In our case, rest of family has been given either notice bail or AB while my brother (the husband) has been on interim bail.

In our case also, after all sorts of drama (rona dhona), she says I want to reconcile and then when my bro tries to meet or reconcile, she and her family start abusing and threatening him. So, one option would be to try and get a third party mediation through the court, pref with a court apointed mediatior . We did that in our case and and it became very clear who is the real "trouble maker" in the equation and the feedback has been shared with the court. So, the Judge himself said "no reconciliation, only mediation or investigation".

Disclaimer - I am just a fellow victim, learning through our own experience. Do consult with your lawyer before you make a decision!

All the best!

 

Rahul Kapoor (Legal Enthusiast)     13 February 2013

hello,

in case of 406 u must return back the item in recovery.

it will help in your bail.

 

regards-

rahul.gogreen@gmail.com

ABHISHEK KUMAR VATSA (Freelancer)     13 February 2013

hi,

Its very common,so i will suggest you to go with the court appointed mediator.


(Guest)

Hi Rahul,

She has given a list which i can never fullfill in my lifetime.......I have 2-3 small things with me, which i am ready but all other things are false and ficticious.

Dont know hw to handle this

 

Rahul Kapoor (Legal Enthusiast)     14 February 2013

hello,

in such circumstances court set certain monetary value to solve up the case.

 

regards-

rahul.gogreen@gmail.com


(Guest)

Hmm ok.....Lets c whats in store for me.....:)

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 February 2013

You have been rightly guided.

rahul (manager)     14 February 2013

@ Shonee : As you mentioned, the author has been rightly guided, does that means what mr rahul kapoor said " in such circumstances court set certain monetary value to solve up the case." Would this be set by court or the mediator?

Also if the mediator is asking to get all the gifts given to mother/ father at the time of the ceremony, would that also come under this amount that would be set by the court.

regards

ashoksrivastava (scientist)     14 February 2013

Originally posted by : 498aweddinggift

 Dont know hw to handle this.

Hi498aweddinggiftApex court has clearly ruled that return of dowry articles need not be considered while deciding on AB. as it assumes that certain dowry articles have been given However sessions and high courts are yet to evolve to that level. your lawyer need to forcefully argue using that judgement. I am  assuming she doesn't have any proof all the best

 

rahul (manager)     15 February 2013

 

Hi498aweddinggiftApex court has clearly ruled that return of dowry articles need not be considered while deciding on AB. as it assumes that certain dowry articles have been given However sessions and high courts are yet to evolve to that level. your lawyer need to forcefully argue using that judgement. I am  assuming she doesn't have any proof all the best

 As mentioned above, it may not just be dowry article but more so streedhan, and proof submission to IO is bills for purchase of jewellery. But this doesn't mean that the jewellery was given to husband or parents. So why does court deny bail. Any judgements related to above. 
Help / suggestions highly appreciated


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