Need Help
INDIAN LADY
(Querist) 18 October 2013
This query is : Resolved
Respected All , I hv filed 125 , Husbamd filed HMA13 , I gave the dowry complaint aganst husband , His mother , Sister and massis . FIR regisred against husband only. He filed AB in session which got dismissed and then filed in HC. No dowry recovery was made. Before the first hearing in HC he surrender in session and sent to jail. Police brang him on remand for dowry recovery and he has given only one almirah and my old cloths in dowry recovery. No gold is recovered by the police with reason my husband stated that I gave taken away all the gold and left the home. No furnirure and electrical electronic dowry is recovered. Police has not taken me along with them to recover the dowry. Now my query is will my husband get the bail without recovery of gold and pending dowry articles ? If yes then how my dowry will be recovred specialy of Gold ? Can court reject the bail if gold recovery is not made or can the court order for compansation with amt for non recovery of gold and otherr articles ? If he will get the bail then will he be free now except to attend the court once in a month ? What step I can take against the IO for not taking me along with him at the time of recovery of dowry
In 125 I m claiming that my husband is earning 40 K and he is declaring earning as 8 to 10 K. He is living on rent along with his mother and our 3 year old son and I m living at my parents with my 10 months old son. Now in this whole situation what relief I can expect from court ? I m living in Punjab. Kindly reply.
Devajyoti Barman
(Expert) 18 October 2013
You are unlikely to get back the gold articles unless your husband is so willing.
The failure to recover the gold jewelries may extend his custody but ultimately after few days he would be released.
You are entitled to 1/4th income of your husband as maintenance.
Dr J C Vashista
(Expert) 19 October 2013
Yes, he will get the bail without recovery of gold and other articles which are required to be proved by you.
Generally court will not reject the bail and no court order for compansation.
Obviously on being granted bail he will be free and liable to attend the court on dates fixed by court.
You may file protest application against the IO for not taking you along with him at the time of recovery of dowry.
You are required to file counter affidavit to prove his income and liabilities vis-a-vis affidavit of your income and liabilities
Raj Kumar Makkad
(Expert) 19 October 2013
Bail in such matters in granted to the husband. You need to file DV Act complaint along-with your present litigation according to which you may get the value of your dowry articles/istridhan.
Rajendra K Goyal
(Expert) 23 October 2013
Well advised by the experts, nothing more to add.
