Vikash Sahu 25 January 2019

Stridhan IPC 406

Hi, My parents have been summoned on 406 and received it through post three days after the date of appearance at court. And the summon was filed by my sister-in-law from a brother who committed suicide because of her tortures and tantrums (this include aborting a consent-child in womb) and it is been almost three years now, she or any relatives from her side didn't appear on his cremation. Three weeks before his suicide they signed and agreement on divorce. Now she has come up with summoning my parents on IPC 406 where they are worried. We are ready to return the items which were brought by her during marriage and mostly she had taken them along with her before my brother's demised. And the list of items in that summon is 1:10(incorrect list) and my parents are aged for such things. Few questions below,
1. Are they really in trouble?
2. Are they going to be arrested for not being present on the day given in summon?
2. Ca they fight it with win? How?
3. A lawyer friend suggested to counter case on her with some add ons but that would be purjury isn't?
4. Can my parents deal with it better way to win instead of being deep involved and harassed?
5. What would it cost them in a place like assam for this case.?
6. Do they really have to forge a case on her to win this?
7. What is the penalty for such cases?

Reply Follow

2 Replies

Vijay Raj Mahajan (Advocate) 25 January 2019

Section 406 IPC is a cognizable offence for which FIR should have been registered with police but here the wife of the deceased brother went ahead filled private complaint with the Magistrate, who summoned the named accused person, namely your parents. Even if they got late summon from the court, they can appear in court and note next date for their appearance. Engage advocate to represent them in court. The criminal complaint here will require their bail so arrange security for that purpose. The charges made for misappropriation of istridhan of the woman has to be proved by the complaint and as their will be complete denial from the accused side, the evidence that she collected all her items before leaving the matrimonial home should be kept ready to be shown in the court. Being aged, lodging cases against the woman by them is not good suggestion rather getting out of the criminal charges made against them is best option and move ahead in life after loosing their son because of such woman.