Legal Question in Family Law in India

case of love marriage

My friend's wife went to her home

town to give her exams and never

returned back to her in-laws place;

when enquired she said she want

him to come to her hometown n

stay with her; it�s almost

22mnths&now she files a FIR and

has sent an arrest warrant on him

& his parents stating they tried to

poison her & have emphasized for

dowry. But my friend is innocent;

recently she tried provoking him for

which he has sent her an email of

their intimate photos via email and

telling her that she has lost all

rights on him for giving his parents

sleepless nights. Now she is using

this photo as a proof for her

registering FIR for Harassment &

dowry issue. whereas my friend's

parents are very innocent & had

got them married as they both had

a love marriage and her parents

had not agreed for the same. Got

her all the jewels & clothing which

she took it along with her when

she went.. Please help my friend

here and tell us what can be done

next. He is at the verge of killing

himself for he has brought such

disgrace to his parents who love &

support him so much

And is it necessary to take the

Anticipatory bail from the same

state where the FIR is filed.

Thanks & Regards,

Kruthi


Asked on 9/19/08, 7:48 am

4 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: case of love marriage

which state do u belong to. u may seek a transit bail from ur state and get the regular bail from the state where f.i.r. was filed. do send in all the details or get in touch at 9811284735, delhi

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Answered on 9/19/08, 7:55 am
Vishwa Arya Arya & Co.

Re: case of love marriage

In fact, the facts seem to be incomplete. the anticipatory bail does not apply in all states. you need to seek immediate professional guidance for your friend. Secondly parents should have a seperate attorney as the two interests would be overlapping but clashing.

It will be easier first to get parents out of it and then concentrate the battle on your friend. for parents we should think in terms of quashing of fir, as parents did not have any role in the marriage.

Vishwa Arya

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Answered on 9/19/08, 8:08 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: case of love marriage

You should immediately apply for anticipatory bail.

Meanwhile, you should send her a letter of request imploring her to return to the family home.

It is better to try out of court settlement. If she stayed away for so long, your friend ought to have made efforts for amicable settlement.

Try to involve common family and friends for settling the entire dispute, including dowry, maintenance, etc.

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Answered on 9/19/08, 8:22 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: case of love marriage

Already Replied

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Answered on 9/22/08, 7:17 am


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