Can 498a, dv and 406 be filed against dil?

Originally posted by :mirage
"	Can DV, 498a and 406 be filed by my mother against my wife?	"

 

unfortunately, 498a cannot be filed against your wife. but your mother can file a DV and 406 against her. can you give more details.

Your mother can lodge a diary to the police and file a case under Domestic Violence Act.in Magistrate court,but your mother can not file a cse u/sec.498a and 406 IPC.

If my wife is in possession of my mothers gold jewelry on the basis of false promises is that not criminal breach of trust ie 406? And 498a says about husband or relatives of husband so my wife is related to my father via DIL relationship ie my wife is a relative of my father or my mothers husband? Is that not the case? Please clarify. Thanks..

"498a says about husband or relatives of husband :

so my wife is related to my father via DIL relationship ie my wife is a relative of my father or my mothers husband?"

Very gud point by mr mirage.

Experts pls find the loopeholes for relative???

 

Dear Sir,

You are going towards a dead end of dispute.

You can file any case and any number of cases, but be ready for consequences also.

Please take action not on emotions but on the basis of true facts.

Thanks @ narender. The question I posed here is based on true facts with proofs. Question on 406 is qualified by fact that earlier wife had signed mcd petition in which it says that no further cases will be filed on me in lieu of gold and money my parents gave her. Now she has gone and filed DV on me. Making her breach the trust inspired in mcd petition. Question on 498a is qualified by cruelty perpetrated on my mother by my her husbands relative ie his DIL. Both have very clear facts and are very clear questions. Pls let me know if any further clarity is required? Thanks..

 

Dear Sir,

Your agreement in so far future cases is void and not enforceable under Law.

But if your wife file cases in regarding to cause of action accrued before the mcd-petition, you can seek quash those proceedings.

Actions your wife are immoral and misusing the procedure, but the allegations given by you would not attract the section 406 of IPC.

There is no necessity to say again that you can’t take recourse of section 498-A of IPC against your wife.

Of course, some other course of legal action or submitting the facts within parameters of offence may make out offence.

But, my advice is go for quash only. Don’t do the same mistake as did by your wife.

If you misuse the Law; there would no difference between you and your wife.

Thanks@narender. The cause of action in the DV is before the mcd petition was signed. After the mcd petition was signed there has been no cause of action. The language of mcd is very clear "both parties agree not to initiate civil or criminal proceedings against each other. All financial disputes have been resolved between the two parties." After taking adequate compensation from my parents she has gone and done DV against me based on cause of action prior to signing the petition. This clearly constitutes breach of trust and she is in possession of gold and money belonging to my parents which she is not entitled to anymore by violating her agreement not to file any legal proceedings against me. If this is not ground for 406 then in don't know what is. Kindly comment. Thanks..

A MIL can file DV on DIL but her son will be one of the parties(respondent) of the case.

So DV is out then.. Leaves just 498a and 406.

can MIL file DV on DIL if DIL has taken stuff(cash/jewellery/laptop/camera...etc) from MILs place with out the consent of MIL and not returning it?

Even I want to know this..

Originally posted by :Srinivas Yeni
"	can MIL file DV on DIL if DIL has taken stuff(cash/jewellery/laptop/camera...etc) from MILs place with out the consent of MIL and not returning it?	"

I think your mother should lodge an FIR against your wife for forcefully taking these things away or stealing them..

But remeber, the complaintent shud have all the (1)VAT PAID bills of the stuffs, shud have proofs that it was (2)actually taken, (3)forcibly by the wife.

A lot of slip......u know