Anticipatory bail
Manoj Pamul
(Querist) 08 May 2013
This query is : Resolved
Dear Experts,
An engagement of my client and one girl was performed by their respective families. Thereafter, date of marriage was also fixed by both the parties, accordingly my client's father had made all arrangements for marriage e.g. booked funtion hall, advanced to catering and video shooting etc. And all of a sudden the father asked to postpone the date of marriage stating that his close relatives cannot come on the said date, to which my client refused because he had made every arrangements and paid advance money. Thereafter the father of the girl cancelled the marriage and finally the marriage was broken down. After one month of the date of marriage the father lodged a complaint stating that he had given gold and 500000 cash for marriage and my clients had demanded dowry of some more gold. But that demand was not fulfilled by him and that is why my clients have broken down the marriage. Now the F.I.R. has been lodged against the boy, his father and mother and one match-maker under section 406,420,504 and 506 of IPC and u/s 4 of Dowry Prohibition Act, 1961. To this my clients have applied for anticipatory bail. So what should be argued and proved to get it allowed?
ajay sethi
(Expert) 08 May 2013
1) you must have received request for postponement of marriage from father
2)in reply you must have declined to do so all all bookings done
3) the intimation received by you from girl side about cancellation of marriage .
if you have any documentary evidence of the aforesaid use it to obtain AB . any emails exchanged between parties will be helpful in proving your case
ajay sethi
(Expert) 08 May 2013
as far as payment of rs 5 lakhs in cash is concerned was the said payment reflected in her father income tax returns . if with drawn from bank any cash with drawls made . similarly for gold being given what is the evidence in support . dent these allegations
