Ipc 406

SUBHAM AGARWAL (Querist) 26 December 2012 This query is : Resolved
When session court judge has mentioned in his order in Domestic violence that the wife has left with all her belongings.Now she has lodged a suit u/s 406 ipc. Is this case maintainable.

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R.K Nanda (Expert) 26 December 2012
she has to prove her case to make it

maintainable.

SUBHAM AGARWAL (Querist) 26 December 2012
As it is non bailable I have to appear in person against Magistrate to seek bail and in this way she can file any other criminal case.Can I now file a defamation suit.

R.K Nanda (Expert) 26 December 2012
yes, u can.

Advocate M.Bhadra (Expert) 26 December 2012
Counter case for defamation does not lie against the D.V.case,498a or 406 IPC,which may result to time and money loss.

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