498a, 307, 323, and 3&4 dowery act after that 125 filed now 406 can be filed?
Sundram N
(Querist) 05 November 2012
This query is : Resolved
Dear sirs,
kindly suggest that wife has filed case under section 498a, 307,323 and 3&4 of dowey act. now she filed 125 for maitenance.
now, she can file case u/s 406 for recovery of her things as she already taken all the things at the time of departure and previously when she first time left my house. i already lodged complaint before police station about such things that she left my house and taken all the belongings as well as my mother jewellery also.
she does not mention in FIR about her belongings so in the situation, she can file seperate case u/s 406.
kindly suggest that what precaution can be taken now as my anticipatory bail is pending before the session judge and other members got bail.
kindly suggest.
ajay sethi
(Expert) 05 November 2012
if she has filed false case under section 406 and you have evidence that she has taken all her belongings rely upon it in support of your defence . the police complaint filed by you will be useful . brief your lawyer . you will get anticpatory bail . dont worry .
Devajyoti Barman
(Expert) 05 November 2012
The case is maintainabile. There is no mandatory provision to bring all the allegations in the single case.
Raj Kumar Makkad
(Expert) 06 November 2012
There is no legal hurdle to file such separate case for the alleged recovery of dowry articles but as you told that she has already taken her entire dowry articles , the report of which already in the record of police so not only this case shall be got qashed but also a case under section 182 can be filed against her,
