Harrassed (accountant) 01 May 2014

406/34..what to do,is adv doing right?

Dear Experts,

Thanks for your support and clearing all my doubts.Now i have little confusion on 406 about my advocate behaviour.

Summary:

1.Applied quashing for 498a in allahbad HC and all proceedings are stayed as divorce already happened before filling by ex-wife.

2.DV for maintenance in session court as divorce is already happened before DV filling.

Question:-----------------

my ex filed 406/34 against me and my parents in Feb-13.We didn't get any summons from court my advocate by chance noticed it and take out the copy from lower court.Till now we didn't attend any date and my advocate is attending dates.

Now he is asking us to say in court that we do not have anything from them whereas we have furniture and some jewellery of her at my place.Which i really want to return honestly because it is useless for me and i do not want to see them.

Now my question is that whenever we go to court in future should we say that we have her belonging with us and please take from us or should we say that we do not have anything as per our advocate.

Because i believe if we lie in court that we do not have anything with us then it may go against us if court order to check in our house.

All other proceeding are stayed because we are true.Please let me know should i go with advocate as he is asking me to do compromise which i do not want and asking me to give money to them and keep her belonging with me,which i really do not want.

pls clear is he right?

Thanks

Reply Follow

7 Replies

dv (ghvhb) 02 May 2014

Which state and city ?

dv (ghvhb) 02 May 2014

Which state and city ?

dv (ghvhb) 02 May 2014

Which state and city ?

Biswanath Roy (Advocate) 03 May 2014

BETTER YOU SAY THE TRUTH BEFORE THE COURT AND RETURN ALL PROPERTIES LYING WITH YOU IN THE COURT.

T. Kalaiselvan, Advocate (Advocate) 05 May 2014

This 406 case is a state prosecuted case or she has filed a private complaint before the court under the provisions of this section?, Whatever it is, if you want to return her items lying with you, you may make your intentions clear either before the court or before the Investigating Officer and should arrange to return the same as per the agree time and place.

Harrassed (accountant) 05 May 2014

Dear Roy Sir and Kalaiselvan sir,

It is private complaint registered by them last year but till now we have not recieved any summons for that but by chance our adv noticed in court.This case is in Merrut-UP.

My doubt is that if i say belongings are with me then court may ask from us ,why we didn't returned it before and court may charged against us. whereas truth is that i have requested many times to them to collect their stuff from my house but they didn't turn up to collect it and filed this case against us.

Actually because of social stigma they are Hesitating to collect their belonging but they are asking money for it so that no one can know that she got divorced because of her parent fault and they filed case against us to get eazy money.

Thanks

Faisal.

Biswanath Roy (Advocate) 05 May 2014

To know the truth of filing a case against you as alleged you better instruct your Advocate to file an application for certified copy of the alleged complain against you and then come to this platform for opinion/advice.of the experts. We do not believe or rely upon any hearsay.