Legal Question in Family Law in India
This is with respect to the Dowry and misapprobation of Stridhan case which I have filed on my In-laws and my husband. My husband applied for anticipator bail and the case was referred to mediation.
After a few failues in mediation, when the case was referred back to a session Judge, the judge asked the boy (my husband) why the settlement is not being reached upon which the he said that he does not have any money and is not having money even to pay the installements of the property.
Upon this I produced a document wherein there was a proof that he is buying a new property and argued that if he does not have money to pay the installement of his first property, how is he purchasing another property. Upon this boy was surprised. He did not expect that I will pull out this proof from somewhere.
He also said that he is not having any business and I produced the proof that he has business in his name. He tried giving some execuses that this business belongs to some of his relatives but I said that its not possible as his relatives surname is different then him upon which the boy became quite.
When the judge asked him about the documents I produced, he did not have any answers as he did not want to make any story without consulting his lawyer and he kept quite. I requested Judge 2-3 times to document this incidence whatever he was saying and what came in front for future reference as he was caught lying red-handed but the Judge did not document it.
He told the boy to think about it and come back on the next date.
On the next date, the boy created some new fabricated stories about his business in front of the same judge and then the Judge spoke to both the parties in person one by one and where in my mother-in-law tried taking the sympathy of the court as she is a widow. Then the judge called both of us parties together and said I cannot take decision on this due to the facts of the case and the case be referred to a District Judge.
Q1. What does this means and why was this decision taken ?? Can a judge take this kind of a decision ??
Q2. Was I wrong in asking Judge to document the fact that the boy was caught lying red-handed ??
Q3. This judge was a session judge and he referred it to District Judge. Is a District Judge Senior to Session Judge ??
Q4. Will the district Judge take the decision now on Anticipatory Bail ??
Q5. Or will District Judge refer the case to another Judge ??
2 Answers from Attorneys
in all probabilities, the widow mil would get the anticipatory bail. the judge will certainly take into consideration the status of mil while deciding the bail application. the bail of husband is doubtful.
Q1 - Yes
Q 2 - No. You were entitled to express your views.
Q 3 - You may have some mistake about designations.
Q 4 - 5 ; The District & Sessions Judge may keep the case with himself or assign the same to some Additional Sessions Judge.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
