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Dev Pundeer (NA)     31 October 2014

Delhi relevant ab judgements [post fir] scenario

Sir,

I'm in Delhi and FIR has been registered (sections 498a/406/34 IPC) 2-3 days back. I wish to move asap in the sessions court for AB. There was no dowry given but gifts given at the time of marriage has been mentioned as dowry and they have not been recovered by my wife since they never demand it back. Could non-recovery be grounds for denial of AB.

Can experts please provide relevant/reference judgements on AB [post FIR scenario] for Delhi HC or SC?



Learning

 4 Replies

AS   31 October 2014

HI, Yes they will try to take this stand that recovery is pending and AB bail should be denied , But dont worry regular bail in given easily for you and AB bail will be provided to rest all.

PM your number , I can suggest you lawyer. Trust me its tough to find a good lawyer But i can tell you a very good lawyer in delhi .He can explain you best.

T. Kalaiselvan, Advocate (Advocate)     04 November 2014

I think AS is acting as an agent of some lawyer or he himself is a lawyer and soliciting business through this forum by posting such messages.  It is not good and ethical, please avoid promoting business taking advantage of helplessness  of the needy and distressed people approaching this forum seeking clarifications/solutions to their problems and crisis.

@Querist:  at the time of AB argument, if the PP insists on return of their property held in your possession, ask your lawyer to accept the demand and to arrange to return the same as and when the court directs to return.  This way, your AB problem can be resolved.  Consult your lawyer, have proper discussion on this aspect.

1 Like

Adv. Chandrasekhar (Advocate)     04 November 2014

Mr. Kalaiselvan has hit the nail at the head.  In Delhi, it is a general practice that while considering AB petition, in the FIR some items are mentioned by the complainant as dowry and the husband alleges that those are not dowry but in fact, they are stri-dhan articles, the court instead of going into merits to decide that those are dowry items or stri-dhan asks the husband to give them back.  Once he shows his readyness, the court fixes some other date for return of articles and give interim anticiapatory bail till the next date and on that date when husband gives such articles in the presence of the court, it will be duly recorded and anticipatory bail will be granted.  It is a general practice unless your case throws strange facts.  So consult your advocate and he shows the correct path.

AS   04 November 2014

T. Kalaiselvan, Advocate : - No Sir I am not promoting any one, I am just trying to help someone because i am sufferer and don't want anyone else to suffer.

I suffered for long time in Jail and did not get regular bail because of my old lawyer mistake.

I know people will get scarred and few corrupted lawyers loot them.

I respect you because i always seek your guidance over phone or This form and i always get good and logical response to my queries, (though there is accent difference between us , But i find your guidance very helpful.

If someone ask me for good lawyer in Tamil-nadu , i will advise person to meet you in person and discuss and decide. Then it is not like that i am promoting you , I am sharing my knowledge and view , So i can save some innocent people from suffering.


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