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Anticipatory bail or bail for charges u/s 498A,325
15-Jul-2023 (In Criminal Law)
My wife filled case against me and my parents for 498a, 325. We got bail 4 months back. Now they have filled for domestic violence and they are claiming that streedhan is with us. They are claiming a total of 400 gram gold. Before marriage they have given 4 lakhs through Cheque to divide marriage expenses as they came to our city for marriage. Now they are claiming gold and 4 lakhs as streedhan to be returned to them. She has taken all the gold when she left 8 months back. I have Bill for marriage expenses. Total expenditure was 8.5 lakhs. I have bills for 7 lakhs. Question 1- where the case will be filled for streedhan. Can we get bail if the case is filled. Question 2- Do I need to pay 4 lakhs back to them which they gave through Cheque before marriage?
The case can be filed as per the convenience of the lady i.e. she can file from the address of her parents or she can file from the place of her present residence. You are already on bail so dont worry for the same. Paying any amount to the wife is after the trial of the case. .
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Adv. Brijinder Khurana
Delhi | 100+ Answers
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You will have to fight the Domestic Violence complaint however, you need not worry about bail im the said complaint as you do not need bail for Domestic Violence Act. As far as momey is concerned you wont need to return it but will have to prove that the saod money was not dowry.
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Adv. Prashant Kumar
Delhi | 100+ Answers
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Hello sir,
By trusting your words i am suggesting you just stay calm . they can ask for sreedhan under this D.V as this is their right but dont forget there are various judgements. Now court also listen the husband side as well .We need to talk on this in deep . As this is a criminal case so you need to take every step very carefully . Asking for money and jwellery is their right but we should know what defence to take on what time with proper guidence .
We can discuss more in this on the table so that i can suggest you better .
So visit my office by taking prior appointment.
By trusting your words i am suggesting you just stay calm . they can ask for sreedhan under this D.V as this is their right but dont forget there are various judgements. Now court also listen the husband side as well .We need to talk on this in deep . As this is a criminal case so you need to take every step very carefully . Asking for money and jwellery is their right but we should know what defence to take on what time with proper guidence .
We can discuss more in this on the table so that i can suggest you better .
So visit my office by taking prior appointment.
Helpful?
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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