Legal Question in Family Law in India
I filed a case against my in-laws and husband for Dowry harassment. My Inlaws got bail from district court while my husband's bail wa rejected and he applied for a bail in high court. In High court the judge asked my husband to pay the amount of Rs. 3 lacs the jewelery aleged to have been kept with him . Although his lawyer agreed to pay that amount it was not documented anywhere. He asked for a month's time.
On the next date I reached High Court a bit late and by the time I reached the court the bail was already decided and teh order was passed that my husband will have to give one lakh rs to me for the Jewelery alleged to have been held by him. It seems when I was not present my husband confused teh judge by telling that last time we agreed on paying One lakh rs.
I consulted a lawyer and he told me to put a cancellation of his bail on the ground of concealment of facts by my husband. He prepared a cancellation bail for me but there he has writen, My Name Vs State, My husband Name
My Question is that whether this is teh correct way of filing the cancellation because till now it was State Vs my husband but my lawyer is saying that for cancellation of bail, we have to put it as Me Vs State, My Husband Name.
Is it correct way of filing a cancellation bail. He also filed a section 439 crpc. is it correct ??
3 Answers from Attorneys
In a court case, it may be better to leave the matter in the hands of your counsel.
there is no ground for cancellation of bail. in case rs. 3 L was not written down in the order, you cannnot insist the court for the payment. how you intend to prove that the court order 3L and not 1L.
Please leave the matter to the wisdom of your lawyer. In case you are not satisfied pl. change the lawyer
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