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venkat (business)     19 December 2012

498a & 406

Respected Members,

My Wife and me are living seperatly for past 13 moths. Mediations have failed as i refused to re-union due to past experiances.Actually this is the third time. she says husband is good, inlaws are good..but when confronted with, why you are doing this type of things repeatedly, she has no answer. Now i am planning to file the divorce.. My queries are :

1. How to prove that we are leiving seperately for past 13 months.
2. if she file 498A, how strong will be the case,as she has deserted me 13 months back.( Literally there are no proofs.. as i had not done any thing.)
3. Against whom she can file 406 ( recovery of streedhan) act. only against me or against me, my father and mother.

me and my family had lost mental peace, as for mediations power political people are involved. And i fear if i agree this time, they are going to kill me not by body but by soul.
PLease guide me in this regard.


 12 Replies

Saurabh..V (Law Consultant)     19 December 2012



See my answers below:


Q.1) How to prove that we are leiving seperately for past 13 months.


A.1) You can cite any helping neighbour as a witness in court to testify that you are living separately. It's your case so there must be peculiar facts which would show that you are living separately from your wife.


Q.2) if she file 498A, how strong will be the case,as she has deserted me 13 months back.( Literally there are no proofs.. as i had not done any thing.)


A.2) Desertion is a ground for Divorce in Hindu Marriage Act, 1955. But if your wife files for case under S.498a IPC, then ground of desertion would be very hard to go through. If you can prove that she deserted you and despite your repeated attempts to bring her back she herself didn't came back, it would go in your favor. As far as 498a is concerned, concult a lawyer.


Q.3) Against whom she can file 406 ( recovery of streedhan) act. only against me or against me, my father and mother.


A.3) This is insane. Who told you about S.406 IPC? Let me rephrase it for you:



Section 406. Punishment for criminal breach of trust


Whoever commits criminal breach of trust shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.




Punishment—Imprisonment for 3 years and fine, or both—Cognizable—Non-bailable—Triable by Magistrate of the first class—Compoundable by the owner of the property in respect of which breach of trust has been committed, with the permission of the court.


Now that you know the law, your query is half answered.


As far as recovery of streedhan is concerned, there is no criminal case, but this is an order directed by the court to recover it. There is only cooperation requried from your side. That's it!


But if you wanted to know if they would file any criminal case against anyone then the answer is YES. They can file any criminal complaint against anyone they may like. This is what is happening nowadays.




Munirathnam (Scientist)     19 December 2012

Just againt make some plan to sit and discuss politely. They record what ever she says for evidence, make sure she wont get any doubt.


Like this do 2 to 3 times. Later file divroce and be readyt to take 498A case if she is wrong person.

Munirathnam (Scientist)     19 December 2012

One more thing you can do that ask your relatives to change their telephone numbers and ask them not to contact her on phone from now onwards.

Munirathnam (Scientist)     19 December 2012

Ask your relatives not to call you on the week you and your side people go to your wife palce so that later if wife makes comlaint saying all together caused anything, this would be proof saying that Husband is not in touch with relatives.

Goutam Prasad (Advocate)     19 December 2012

In case of divorce, there is no need to prove that for past 13 months she is not living with you. However, if you had mediations proceedings, you could have any document or witness that she is not living with you.

As far as 498A and 406 complaint is concerned, she can do against you and all your family members. You need to defend your self if she does anything like that.

rahul (manager)     19 December 2012

Respected all

   The evidence would stage would be after 2 years. The wife refused any sort of mediation both in CAW and in mediation as sent by the court with the court appointed mediator. The mediator simply said the girl is not ready for mediation and closed the mediation. We are just sitting ducks waiting to be harassed by in laws by mis use of law. On top of its a divided house that we should file retaliatory cases or not. Some advice is only after you get acquited. So essence because of a whim of a woman. The whole family suffers where in they do not have even an iota of proof. All through out is simply crying by the woman and saying he has all my jewellry, which she has already taken. This is solely because there is no penalty for filling false cases by the woman or is there any respite for us.

Munirathnam (Scientist)     19 December 2012

if possible you better to be in touch with your wife through email to get some evidence so that you could create some evidence for future....

venkat (business)     19 December 2012

Respected members, sorry for the goof up. instead of mentioning streedhan recovery act i have mentioned section 406. sorry for the confusion. please guide through the process of sthreedhan recovery act and the remedied for the same.

rahul (manager)     19 December 2012

Respected All. 

  If streedhan has been taken away by the wife and even in the CAW they have submitted a long list of items which they are saying should be returned to them, even in this admission 50% of the items dont even come under streedhan. Then would the wife not put 406, saying that it was criminal breach of trust as she had given you her jewellery for safe keeping and you have misused and have not given her jewellery back. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 December 2012



One, You should start a thread of your own.


Even if one of those items is covered under Stridhan, 406 is maintainable.






Shonee Kapoor

1 Like

venkat (business)     21 December 2012

Dear Shonee sir /  Members,

Is there any measures to counter vauge statements like :

1. we have given 600 gms gold fromcollecting money from our relatives

2. we have given dowry of Rs 5.00 lac from pooling aomunts from freinds and relatives

Are these statements should be supported by solid proofs by bank account statements etc. or just any persons statements.

Because now a days people can do like back dated promissory notes, duplictae bills etc.

please guide in this matter, it will help many of the members who are facing my situation.

Saurabh..V (Law Consultant)     21 December 2012



Your's is a very valid point and such allegations are regular in the court of law.


Such claims are to be properly proven by the alleging party. No one is allowed to simply allege and claim whatever they want. The complainant is required to prove their case beyond reasonable doubt in every criminal case. And doubt goes in favor of the accused.


All the best!




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