Legal Question in Family Law in India
I Filed a Dowry case against my In LAws and husband ansd my In laws got a bail from district court whereas my husband did not. Then my husband applied for a bail in High Court.
In High court when I told Judge that there is Jewellery worth Rs 3 lakhs pening with my in laws which they were alleging that the girl has taken away with her.
The Judge said that the husband will be given anticipatory bail upon giving Rs. 3 lakhs to the girl in-lieu of Jewellery which girk says he is having
On that date my husband agreed that he will pay Rs. 3 Lakhs. However instead of documenting the fact that my husband is ready to pay me Rs. 3 Lakhs for the anticipatory bail, the judge documented that he is ready to pay some amount and gave us a next date.
On the Next date when we reached court I reminded judge of the previous conversation and when he asked my husband this time my husband refused to pay Rs. 3 Lakhs saying he doesn't have that much amount upon which Judge said that he has to pay the amount.and gave one more date
On the Next Date I was 5 minutes late to the court and when I reached there I thought the Judge may have Passed on the case but the Judge actually gave the order and whe I read the Order I was surprized that my hsuband was given an Anticipatory bail for Rs. 1 Lakh only which he has to pay me now within 15 days
Since the order was passed in my absence, can I move an application for the cancellation of bail in the High Court.
Also if I move the bail for cancellation of his bail, what can be the negative impact. Any chances that 1 lakh Rupees I am going to get, I may also not receive those
One more question is that I want to recover my items which are lying in their house (Although they are saying I took the items away with me). Can I still recover them or since I have been provided with an interim releief, I am not allwed to recover the items now. If I can recover them what is the process of recovery
1 Answer from Attorneys
in case the judge did not mention in the first order that the husband should pay 3 lacs, nothing can be done if he has mentioned the amount of 1 lac for the first time. you have no option but to accept 1 lac and pursue the case.
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