Cancellation of bail (rape)
Navjot Kumar
(Querist) 28 June 2013
This query is : Resolved
prosecutrix lodged a FIR U/s 376 on the ground that accused committed rape with on the pretext of marriage, i have given consent under this impression only.
Accused was arrested and sent jail
Bail application was filed on the ground that both parties ready to marry with each other, interim bail was granted, marriage was taken place, regular bail was granted.
Marriage was taken place at Arya Samaj Mandir, father of the prosecutrix told the parents of the accused that you bring proper barat by engaging a fresh Marriage for sake of respect in the locality as i have only one daughter, accused and his family members agreed for that.
before registration of FIR U/s 376, marriage of the accused was already fixed in their native place with some other girl, due to this FIR marriage was cancelled and accused have to pay compensation to that girl of native place,
Now accused do not have proper barati and have only 5-7 person for marriage at Delhi, acccused told this things that we have only these person for barat, girl and her mother told that you bring barati on rent, we dont care but need barati, otherwise we will break marriage and will involved you in false case, one day girl went to house of boy and broken the TV and some original certificate of boy, which was lying on the table, incident reported by the accused to father of the girl, father told that bring your four five person and hold a meeting regarding future of spouse , meeting was held with respectable person of society and decision was took that they will divorce get after period prescribed by law but signed by person present.
Thereafter father of the girl on next day sent a settlment deed on stamp paper and told that get it sign , settlement deed made yesterday was not proper as per law, boy gave settlement deed to his Adv. , Adv. did not told him , whether we should sign on deed or not.
after 5 days girl made complaint agaisnt me to police that they are not bringing me at his home as want a one floor transfer in his name. and filed application for cancellation of bail on ground that consent by mean of fraud , now boy committed me cruelty and not bringing me to matrimonial home.said app. for cancellation of bail was filed by girl .
Q. now case is fixed for argu on said application.
what should be my argument ?
ajay sethi
(Expert) 28 June 2013
1) you have to state that you are willing to marry the girl but girl parents insisting on getting wedding guests which is not possible .
2) further state that you dont want any dowry . you dont want any property be trnasferred in your name .
3) want a simple marriage and are willing to do so even today . that you are willing to even go in for court marriage to prove your bonafides
Rajendra K Goyal
(Expert) 28 June 2013
You can also present the marriage certificate / proof of marriage at Arya Samaj Mandir.
Raj Kumar Makkad
(Expert) 29 June 2013
As the marriage has already taken place in Arya Smaj Mandir so the demand of the father in law of accused is not tenable before law and police has no role to play in the given issue if the accused is refusing to bring his wife to his home.
The application seeking cancellation of bail application should be resisted strrongly.
V R SHROFF
(Expert) 07 July 2013
Small demand of hired barati to show off the marriage may be fulfilled to save the face of girl. instead of 5-7, make it 50-70 persons, Let them enjoy wedding. GATHER lOCALS. Who will like to miss FREE MEAL??
Why go for Litigation and unhappy events, when u agreed for Wedding ceremony , a paid drama of already married couple!!
Raj Kumar Makkad
(Expert) 07 July 2013
+Shroff! Why to reply such old query when the querist is even silent?
