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Saurabh Gajwani (Engineer)     06 June 2014

Ip section 304b and 498

My sister was married in Gurgaon on 22/Jan/2013. But her inlaws and husband were not happy with dowry provided. Since starting they were torturing her (physically & mentally). She was well educated (MCA) and doing job as Software Engineer. Due to threatening by her inlaws, she commited suicide at Railway station on 11/MAY/2014. Police has filed the case against her husband, saas, sasur, jaith, dever. But police arrested her husband, saas (Mother in-law) and sasur (father-inlaw). 

They filed for the bail but session court/ trial court has rejected their application. How long they will not get bail and will remain in jail in this case.

She has one child (3 month old baby boy). We (my mother, father, my wife, and I - saurabh Gajwani brother of concerned girl) want to adobt the child. How and when can we proceed for it and what are chances we get the baby. My sister's jaith (brother-in-law) and her bhabi (Jaith wife) cannot give birth to child due to some health problem, therefore, they donot want to handover the child to us. How can we proceed in this case.



Learning

 9 Replies

Gautam Kapoor (IT professional Studying Law)     06 June 2014

sad for your sister.

The opposite counsel may augur/try to prove that it is not neither dowry related death nor culpable homicide but a suicide owing to her personal reasons and if he succeeds in convincing the judge he may get conditional bail with stringent conditions imposed

Regrarding the custody of the baby child, the case will be a long drawn one and in my opinion will stay with your sister's brother in law or brother in law.

Sudhir Kumar, Advocate (Advocate)     07 June 2014

if they are unable to get bail you can move for custody application.   It may take time.

Sudhir Kumar, Advocate (Advocate)     07 June 2014

you asked

 

"How long they will not get bail and will remain in jail in this case."

 

sorry this question can be replied by an astrologer as law has no clear provision in this regard.

Gautam Kapoor (IT professional Studying Law)     07 June 2014

good point from Mr.Sudhir Kumar. Your onus should not be on how long you can deny them bail but how you can prosecute them for their misdeeds.

Gautam Kapoor (IT professional Studying Law)     07 June 2014

regarding custody of the baby I still opine ,it will be a long drawn battle and will stay put where he is initially is  in the absence of his mother.

Adv. Chandrasekhar (Advocate)     07 June 2014

Adooption is impossible, because father's consent is required, which you can't get.  If you want custody, you have to file custody case.  Whether you should file custody case or wait for them to file custody case can be advised by knowing full facts, i.e., their attitude and behaviour etc.  Till, investigation is not completed, in those cases bail won't be available to the husband and in-laws may get bail earlier to husband being old in age.  Every thing depends upon the charge sheet and the Section 161 statements and medical reports decide how the judge will tilt in respect of bail.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 June 2014

As long as the father is alive, he would have the first right on having the custody of the child. As his brother and brother's wife are looking after the child, you may approach the court for the custody of the child, but it does not seem likely that the court would disturb the custody of the child as of now.

 

How long would it take for them to get bail? They may start the process as and when the charge sheet is filed, how long would it take to get the bail would depend on many factors, including the material on charge sheet.

 

 

 
Regards,
 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
1 Like

Sudhir Kumar, Advocate (Advocate)     08 June 2014

adoption of sisters child (by brother)  may otherwise not be easy.  You cannot adopt the child of someone whom you could have never been able to marry.

Pawan Kumar (qwe)     12 June 2014

Try moving a custody application.


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