406 Seizure of Stridhan Articles
Ghanshyam
(Querist) 21 October 2018
This query is : Resolved
In a matrimonial case, IO has seized some personal items, clothes, documents and utensils from in-laws house without any stridhan articles list or bills and put charge of 406. Now the charge of 406 has been framed in court. These articles has been handed over to the complainant by court. (1) What will be the further course in this case. (2) Is this case still open. (3) What steps to be taken by respondent side to safeguard themselves
Vijay Raj Mahajan
(Expert) 21 October 2018
These articles are not the usual dowry articles.
Secondly if these are articles are not personal belongings of the wife but someone else than these will not be covered for proving charge under section 406, for the charge under the provision the articles should be absolute property or istridhan of the wife.
Onus to prove these are the absolute property of the wife recovered from the husband and in-laws is on the prosecution. Without the proof of ownership of the articles their case fails in the court.
Dr J C Vashista
(Expert) 24 October 2018
What is the opinion and advise of your lawyer ?
